How are guardianship decisions made?
In Nevada, guardianship decisions are made by a court either through voluntary guardianship or court-appointed guardianship. Voluntary guardianship is a process where the proposed guardian and the person they wish to care for voluntarily enter into a guardianship agreement. This agreement must be approved by the court and is generally done when there is a long-term relationship or when the person being cared for has limited mental capacity. The court will evaluate the relationship and make a determination as to whether the proposed guardianship is in the best interests of the person being cared for. Court-appointed guardianship, on the other hand, is a process where a court appoints a guardian to care for someone due to their inability to make decisions for themselves. This can happen due to a disability, mental illness, or other mental incapacity. When making a guardianship appointment, a court must consider the best interests of the person being cared for and ensure they are properly protected. The court will also consider any guardianship petitions or competing petitions by family or other interested parties before making a decision. In the end, the court must decide what is best for the person being cared for and will make a final guardianship decision based on this evaluation. The court will also ensure that the appointed guardian is qualified and capable of caring for the individual.
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