When Someone You Love Can No Longer Speak for Themselves
Guardianship is rarely a decision families plan for — it's one they're forced into, often in the middle of a crisis. Whether a parent's dementia has progressed to the point where they can no longer manage their own finances, a child has aged out of a system with no plan in place, or an emergency is unfolding right now, I'm here to help you understand what guardianship actually requires and move through the process with as little added stress as possible.
I'm Megan Walls, a Las Vegas guardianship attorney serving families throughout Clark County and beyond. I handle adult guardianship, minor guardianship, and emergency guardianship under Nevada law — and I'll walk you through every step so you know what to expect before we ever file a single document.
Legal Guidance for Every Stage of Life
Our practice includes:
- Estate planning designed around your family, property, and long-term wishes.
- Probate guidance for executors, beneficiaries, and families navigating Clark County and Nevada court procedures.
- Guardianship representation for adults, minors, and emergency situations when court authority becomes necessary.
- EEOICPA claims assistance for eligible nuclear workers and surviving family members throughout Nevada.
Many clients begin with one concern and discover additional planning opportunities that help keep important decisions organized for the future. We take time to explain each option so you understand not only what documents are recommended, but why they matter.
If you live near Downtown Las Vegas, Summerlin, Henderson, North Las Vegas, Green Valley, Anthem, Centennial Hills, or elsewhere in Clark County, our office is available for in-person consultations. We also offer virtual appointments for clients throughout Nevada.
Within many estate plans,
estate planning services work together with wills, trusts, and powers of attorney to create a coordinated strategy instead of separate documents prepared in isolation.
What Guardianship Is — and When It Becomes Necessary
Guardianship is a legal process in which a court appoints a responsible person (the guardian) to make decisions on behalf of someone who can no longer make safe decisions for themselves (the protected person). In Nevada, guardianship proceedings are governed by NRS 159 for adults and NRS 159A for minors.
Courts take this seriously. Guardianship removes legal rights from another person, and Nevada law requires that it only be granted when less restrictive alternatives — powers of attorney, advance directives, representative payees — have been considered and found insufficient. I always start there. If a less restrictive alternative can accomplish what your family needs, I'll tell you that directly, and we'll pursue it instead.
When guardianship is necessary, though, moving quickly and correctly matters. A filing with errors or missing documentation can delay court approval at exactly the wrong time.
The Three Types of Guardianship I Handle
Adult Guardianship
Adult guardianship is most often sought for an aging parent, spouse, or family member who has lost capacity due to dementia, Alzheimer's, a stroke, or another cognitive condition. It can cover personal decisions (where they live, what medical care they receive) or financial decisions (managing their assets and paying their bills) — or both, depending on what the court determines is appropriate.
If your family is navigating this right now, you're not alone. This is one of the most emotionally difficult legal processes a family can go through, and I approach it accordingly.
Minor Guardianship
When a child's parents are unable to care for them — due to incapacity, incarceration, substance use, or death — a family member or other responsible adult can petition the court for guardianship. This gives the guardian legal authority to make decisions about the child's education, healthcare, and daily welfare.
Minor guardianship is also used in situations where a child has inherited assets and needs a legally appointed guardian to manage those funds until they reach adulthood.
Emergency Guardianship
Emergency guardianship is available when someone is in immediate danger and there is no time to wait for a standard guardianship proceeding. Nevada courts can grant temporary emergency guardianship on an expedited basis when the circumstances warrant it.
This is one of the most time-sensitive filings in estate and family law. If you believe someone you care about is at risk right now — from financial exploitation, a sudden medical crisis, or an unsafe living situation — call me directly. I'll tell you honestly whether emergency guardianship is the right move and how fast we can act.
How the Guardianship Process Works in Nevada
Guardianship is a court-supervised process. Here's what families can generally expect:
Petition the Court
I prepare and file the guardianship petition with the appropriate Nevada court, along with required supporting documentation — physician certifications, proposed care plans, and any relevant financial disclosures. Accuracy here matters. Incomplete filings cause delays.
Court Investigation and Notice
The court appoints an investigator to assess the proposed protected person's situation and determine whether guardianship is appropriate. Interested parties — including the proposed protected person — are notified and given the opportunity to respond.
Hearing
A judge reviews the petition, the investigation report, and any objections. I represent you at the hearing and advocate for the outcome that best serves your family member's safety and wellbeing.
Appointment and Ongoing Obligations
If the court grants guardianship, you'll receive Letters of Guardianship — the legal document that gives you authority to act. Nevada law also requires guardians to file periodic reports with the court. I'll make sure you understand those obligations before you leave the hearing.
Why Families in Las Vegas Choose Walls Legal for Guardianship
- I handle guardianship cases personally — you work with me directly, not a paralegal or associate attorney
- I explain Nevada's least restrictive alternative requirement upfront so families understand exactly what the court will evaluate
- I have experience with both contested and uncontested guardianship proceedings
- I serve clients throughout Clark County, including Henderson, North Las Vegas, Summerlin, and Boulder City
- Transparent pricing — you'll know what to expect before we begin
- I also practice estate planning, so if a power of attorney or health directive could resolve the situation without guardianship, I can prepare those documents instead
Frequently Asked Questions About Guardianship in Nevada
How do I get guardianship of an elderly parent in Nevada?
You begin by filing a petition for guardianship with the district court in the county where your parent lives. The court will appoint an investigator, schedule a hearing, and determine whether guardianship is appropriate based on your parent's current capacity and whether less restrictive alternatives exist. I guide families through this entire process, from the initial petition through the hearing and appointment.
What is a "protected person" under Nevada law?
A protected person is the individual over whom a guardian has been appointed by the court. Under NRS 159, this is someone the court has determined lacks the capacity to make responsible decisions about their own person, finances, or both. The designation carries legal weight — it's not simply a family determination.
Can I get emergency guardianship in Las Vegas if my parent has dementia and is being financially exploited?
Yes. Nevada courts can grant emergency guardianship on an expedited basis when there is an immediate risk of harm — including financial exploitation. If you believe this is happening, time matters. Call me as soon as possible and I'll assess whether emergency guardianship is the right step and how quickly we can file.
What is the "least restrictive alternative" requirement in Nevada guardianship?
Before a Nevada court will grant guardianship, it must find that less restrictive alternatives — such as a durable power of attorney, a health care directive, or a representative payee arrangement — are insufficient to meet the person's needs. I review this with every family before we file, and if a less restrictive option will work, I'll tell you so we can pursue that path instead.
How long does guardianship take in Nevada?
A standard guardianship proceeding in Clark County typically takes several weeks to a few months from filing to hearing, depending on court scheduling and whether the petition is contested. Emergency guardianship can be granted much faster — sometimes within days — when the circumstances are urgent.
Do I need an attorney to file for guardianship in Nevada?
Technically, you can file without an attorney. In practice, guardianship petitions that are incomplete, improperly supported, or filed in the wrong court are routinely delayed or denied. Given what's at stake for your family member, working with an attorney from the start is almost always the right call.
Ready to Talk Through Your Family's Situation?
Guardianship decisions don't wait for a convenient time. If you're trying to figure out whether this is the right step — or you already know it is and need to move — I'm here. Call my office to schedule a consultation, or reach out through the contact form and I'll get back to you promptly.
