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Common Reasons to Terminate Adult Guardianships in Nevada

Adult guardianship is a legal relationship between a person (guardian) and vulnerable adults (wards), usually those with age-related issues or mental disabilities. Adult guardians can help wards make important decisions related to finances, health, living conditions, and other aspects of life on their behalf. However, wards have the legal right to change or terminate the guardianship arrangement for different reasons.

Whether they’re not doing a good job or involved in malicious activities, you can involve your county court and take away their guardianship rights. In this post, we’ll share the most common reasons to terminate adult guardianships in Nevada.

Five Reasons to Terminate Adult Guardianships in Nevada

1. Negligence of Duty

Failure to perform the required duties is the most common reason to dissolve a guardianship arrangement. If a guardian purposely neglects their duties, the court can expel them if the ward files a report outlining their living conditions/situation and activities.

2. Abuse

Nevada courts can also terminate adult guardianships if they’re provided with evidence of abuse by wards. More importantly, they can press charges against the offender and seek compensation for injuries and other damages.

3. Fraud

In the last few decades, there have been dozens of cases in which court-appointed adult guardians have stolen their ward’s income and assets. Hence, financial fraud is one of the most common grounds for a guardian’s removal.

4. Disputes

It’s common for guardians and wards to disagree on different aspects of each other’s roles. For instance, many wards are unwilling to delegate decision-making to guardians. In this case, the guardian can choose to step down.

5. Incompetence

In some rare cases, wards terminate adult guardianships simply due to the guardian’s perceived incompetence. This could be due to a lack of experience or expertise in different aspects of the job, such as financial management.

Below is a step-by-step guide on how to terminate adult guardianship in Nevada:

1. Paperwork Preparation

First, you’ll need to file a petition to terminate your legal arrangement with your guardian and provide the following documents:

  • A petition outlines why you no longer need or want to work with your current guardian.
  • A citation to appear in court outlining the date and all interested parties joining the hearing.
  • Final accounting documents.
  • Evidence of fraud or abuse, e.g., transaction statements, medical reports, etc.

2. Paperwork Submission

Once you’ve prepared all the necessary documents, you can file them with your Nevada county’s court. Make sure you file with the court that assigned your guardian.

3. Serving the Guardian

Next, you must serve the guardian with the petition documents via mail or in person. Most Nevada elder law attorneys recommend filling out a Certificate of Service to prove to all parties when, where, and how you served the documents.

4. Court Hearing Attendance

Finally, you need to arrive at the court and answer the judge’s questions related to your case before they decide whether or not to terminate your adult guardianship.

Contact a Nevada Estate Planning Lawyer Right Away!

Learning to tackle estate planning and other legal issues is no walk in the park. Therefore, you should hire a qualified Nevada estate planning lawyer specializing in elder law to help you end your guardianship arrangement.

Feel free to contact the Bourassa Law Group for a consultation at 800-870-8910 and let us discuss your case in detail, along with the available legal options.

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