Types of Guardianship in Nevada
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ImmigrationPart of my Nevada Guardianship Guide.
By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes chapters 159, 159A, 160, 162A and 162C (current through the 2025 legislative session)
In This GuideNevada GuardianshipTopic 2 of 8: Types of Guardianship
Nevada guardianships come in several forms. A guardianship can cover the person (daily care and personal decisions), the estate (money and property), or both (NRS 159.017, 159.079(1), 159.083). It can also be general, special (for a person of limited capacity) or temporary (for urgent situations) (NRS 159.054, 159.0523, 159.0525).
Knowing the differences matters because the petition must say whether a general or a special guardian is sought (NRS 159.044(2)(j)), and the court’s order must say what kind of guardian is appointed (NRS 159.055(2)(a)). This page explains each type using the terms in chapter 159 of the Nevada Revised Statutes (NRS).
What the Court Can Appoint
For adults, a Nevada court with proper jurisdiction may appoint (NRS 159.0487):
- Guardians of the person, of the estate, or of the person and estate for incapacitated persons whose home state is Nevada (NRS 159.0487(1)).
- Guardians of the person, or of the person and estate, for incapacitated persons who are not Nevada residents but are physically present here and whose welfare requires an appointment (NRS 159.0487(2)).
- Guardians of the estate for incapacitated nonresidents who have property in Nevada (NRS 159.0487(3)).
- Special guardians (NRS 159.0487(4)).
- Guardians ad litem (NRS 159.0487(5)).
A person’s home state is the state where he or she was physically present for at least 6 consecutive months, including temporary absences, immediately before the petition was filed (NRS 159.018).
Guardian of the Person, of the Estate, or Both
Guardian of the Person
Except as the court orders otherwise, a guardian of the person has the care, custody and control of the protected person (NRS 159.079(1)). The guardian’s duties include providing food, clothing, shelter and other necessaries, including locating an appropriate residence; taking reasonable care of the person’s personal effects; authorizing medical, dental, psychiatric and other care and treatment; and seeing that the person is properly trained and educated (NRS 159.079(1)(a)–(d)).
A guardian of the person is not required to spend his or her own money on the protected person except to the extent the protected person’s estate can reimburse the guardian (NRS 159.079(2)). More detail is on Duties of a Guardian of the Person.
Guardian of the Estate
A guardian of the estate must protect, preserve, manage and dispose of the protected person’s estate according to law and for the protected person’s best interests (NRS 159.083(1)). The guardian must use the estate for the proper care, maintenance, education and support of the protected person and anyone the protected person has a legal duty to support, considering other income or property available for that support (NRS 159.083(2)).
For details on managing money and property, see the Nevada Guardianship of the Estate guide.
Guardian of the Person and Estate
A guardian of the person and estate has the authority, and must perform the duties, of both a guardian of the person and a guardian of the estate (NRS 159.077). If a guardianship covers both, the court may later end it as to the person, the estate, or both (NRS 159.191(4)).
General Guardianship
A general guardianship is used when the court finds that appointment of a general guardian is required. In that case the court shall appoint a general guardian of the person, estate, or person and estate (NRS 159.054(3)). The petitioner must prove by clear and convincing evidence that the guardianship is necessary (NRS 159.055(1)).
The court’s power to appoint guardians of the person, of the estate, or of both is for persons who are incapacitated (NRS 159.0487(1)–(3)). A person is incapacitated if, for reasons other than being a minor, he or she cannot receive and evaluate information or make or communicate decisions to such an extent that he or she lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance (NRS 159.019). When a general guardian is appointed, the court must also decide whether the person is prohibited from possessing a firearm under federal law (NRS 159.0593(1)).
Special Guardianship
A special guardian is a guardian of a person of limited capacity (NRS 159.026). A person has limited capacity if he or she is an adult who can make some, but not all, of the decisions needed for his or her own care and the management of his or her property (NRS 159.022). A special guardian may be appointed because the person of limited capacity voluntarily asked for one and the court found he or she had the capacity to make that request (NRS 159.026).
If the court finds the person is of limited capacity and needs a special guardian, the court shall enter an order specifying the special guardian’s powers and duties (NRS 159.054(2)). If the person is found to have the limited capacity to consent, the petition’s documentation must include his or her written consent to the appointment (NRS 159.044(2)(i)(2)).
The statutes set these rules for special guardians:
- A special guardian must supervise the protected person in the way that is least restrictive of his or her personal freedom and consistent with his or her need for supervision and protection (NRS 159.0795(1)).
- A special guardian has the powers set out in the order of appointment, plus any other powers given in an emergency that are necessary and consistent to resolve the emergency or protect the person from imminent harm (NRS 159.0795(2)).
- Except when responding to an emergency, a special guardian of a person of limited capacity must ask the court for instruction or approval before beginning any act relating to that person (NRS 159.0801(1)).
- The court may give a special guardian power to manage and dispose of the estate under NRS 159.117 to 159.175 and to perform other acts on specific instructions or approval of the court (NRS 159.0801(2)).
Temporary Guardianship
For urgent situations, Nevada’s statutes provide for a temporary guardian. There are two kinds: one for risk of physical harm or need for immediate medical attention (NRS 159.0523), and one for risk of financial loss (NRS 159.0525).
Risk of Physical Harm or Need for Medical Attention
A petitioner may ask the court to appoint a temporary guardian for a proposed protected person who cannot respond to a substantial and immediate risk of physical harm or a need for immediate medical attention (NRS 159.0523(1)). The petition, presented under oath, must include documentation that includes a certificate from a physician licensed in Nevada or employed by the Department of Veterans Affairs, a letter from a Nevada governmental agency that conducts investigations, or a police report (NRS 159.0523(1)(a)). It must also set out facts showing that the petitioner tried in good faith to notify the people entitled to notice, that giving notice first would expose the person to an immediate risk of physical harm, or that notice is not feasible (NRS 159.0523(1)(b)).
The court may appoint a temporary guardian to serve for 10 days if it finds reasonable cause to believe the person cannot respond to the risk or medical need, and it is satisfied on the notice question (NRS 159.0523(2)). The temporary guardian’s authority must be limited to what is necessary for the person’s health, safety or care, including responding to the risk and applying for Medicaid or other assistance (NRS 159.0523(6)).
Risk of Financial Loss
A petitioner may also ask for a temporary guardian for a person who cannot respond to a substantial and immediate risk of financial loss (NRS 159.0525(1)). Along with similar documentation and notice facts, the petition must give a detailed explanation of the risks, such as utility shutoffs for nonpayment, eviction or foreclosure, or loss of assets through fraud, coercion or undue influence (NRS 159.0525(1)(b)). The court may appoint a temporary guardian to serve for 10 days if it finds reasonable cause to believe the person cannot respond to that risk, and it is satisfied on the notice question (NRS 159.0525(2)).
The court shall limit this temporary guardian’s powers to those needed to respond to the risk of financial loss (NRS 159.0525(6)). The temporary guardian’s authority over the person’s accounts, and to sell or dispose of tangible personal property, is limited to what is needed for basic living expenses until a general or special guardian can be appointed, and the court may freeze any or all accounts (NRS 159.0525(6)).
Notice, Hearing and Extensions
| Step | Rule |
|---|---|
| Initial term | The court may appoint a temporary guardian to serve for 10 days (NRS 159.0523(2), 159.0525(2)). |
| Notice after appointment | The petitioner shall try in good faith to notify the people entitled to notice, including notice of any extension hearing; if the petitioner does not, the court may end the temporary guardianship (NRS 159.0523(3), 159.0525(3)). |
| Notice when advance notice was excused due to risk | Without undue delay, but no later than 48 hours after the appointment or 48 hours after the petitioner discovers the existence, identity and location of the people entitled to notice (NRS 159.0523(4), 159.0525(4)). |
| Hearing on extension | The court shall hold a hearing no later than 10 days after the appointment (NRS 159.0523(5), 159.0525(5)). |
| Standard to extend | The court may extend if it finds by clear and convincing evidence that the person cannot respond to the risk, and the extension is necessary and in his or her best interests (NRS 159.0523(5), 159.0525(5)). |
| Condition to extend past 10 days | The petitioner must show that the citation service rules of NRS 159.0475 have been met or that notice by publication is under way (NRS 159.0523(7), 159.0525(7)). |
| Length of extensions | For good cause, up to two successive 60-day periods; not longer than 5 months in total unless extraordinary circumstances are shown (NRS 159.0523(8), 159.0525(8)). |
If a temporary guardianship ends and no petition for a general or special guardianship has been filed, the temporary guardian must immediately turn over all of the protected person’s property to the protected person, or, if the guardian is awaiting certification that he or she has no further liability for taxes on the estate, must seek court approval to keep some or all of it (NRS 159.192(1)). If such a petition has been filed, the temporary guardian of the estate may keep possession and act for no more than 90 days after the temporary guardianship ends or until the court appoints another temporary, general or special guardian (NRS 159.192(2)).
Guardian ad Litem
A guardian ad litem is different from the other types. The court may appoint one to represent a protected person or proposed protected person in a proceeding if the court believes the person will benefit and the services will help determine his or her best interests (NRS 159.0455(1)). The guardian ad litem is an officer of the court, not a party, and does not give legal advice (NRS 159.0455(4)). Except as chapter 159 provides otherwise, the rest of the chapter does not apply to guardians ad litem (NRS 159.033).
Comparing the Types
| Type | Who it is for | Key limits |
|---|---|---|
| General guardian (person, estate, or both) | A person for whom the court finds a general guardian is required (NRS 159.054(3)) | Scope set by whether the appointment is of the person, the estate, or both (NRS 159.055(2)(a)) |
| Special guardian | A person of limited capacity (NRS 159.026) | Powers set in the order; court approval needed before acting, except in an emergency (NRS 159.0795(2), 159.0801(1)) |
| Temporary guardian (physical harm or medical need) | A proposed protected person who cannot respond to a substantial and immediate risk of physical harm or need for immediate medical attention (NRS 159.0523(1)) | Authority limited to health, safety or care; 10 days unless extended (NRS 159.0523(2), (6)) |
| Temporary guardian (financial loss) | A person who cannot respond to a substantial and immediate risk of financial loss (NRS 159.0525(1)) | Powers limited to responding to the financial risk; 10 days unless extended (NRS 159.0525(2), (6)) |
| Guardian ad litem | A protected or proposed protected person in a proceeding (NRS 159.0455(1)) | Duties set in the order of appointment (NRS 159.0455(2)) |
Other Situations
- More than one protected person. When a guardian is sought for two or more people who are children of a common parent, a parent and child, or a married couple, separate petitions, bonds and other papers are not required, but the guardian must keep separate accounts of each person’s estate (NRS 159.057(1)–(2)).
- Young adults seeking special immigrant juvenile status. If a petition asks for certain findings under NRS 3.2203, the court may appoint or extend a guardian of the person for an unmarried person who is at least 18 but under 21 and who consents (NRS 159.343(1)). That guardian may not take away the person’s rights, such as deciding about medical treatment, education or residence, without his or her express consent (NRS 159.343(2)).
- Minors. Guardianships for children are governed by chapter 159A, which has its own list of guardian types (NRS 159A.0487). See Guardianship of Minors.
Nevada law also recognizes less restrictive alternatives to guardianship, which include a durable power of attorney for financial matters, a durable power of attorney for health care, and a supported decision-making agreement (NRS 159.0215). See Alternatives to Guardianship, and for the full court process, Adult Guardianship in Nevada.
How I Can Help
I help clients decide which type of guardianship, if any, fits their family’s situation, and I prepare the petition for a general, special or temporary guardian with the supporting documentation the statutes require. When time is short, I can help assemble the evidence and notice showing needed for a temporary guardian. Request a consultation to discuss your situation.
This page provides general information about Nevada guardianship law, based on the Nevada Revised Statutes as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect guardianship matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.