Nevada Guardianship: Does a Guardian of the Person Also Control the Estate? | Nevada Estate Planning | FastCounsel
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Nevada Guardianship: Does a Guardian of the Person Also Control the Estate?

Guardianship of the Person vs. the Estate in Nevada: What You Need to Know

Short answer

No. In Nevada, being appointed guardian of the person does not automatically make you guardian of the estate. The court separately appoints a conservator (sometimes called guardian of the estate) to manage the ward’s money and property. The court can appoint the same individual to serve both roles, but it must make a separate appointment and grant estate-related powers explicitly.

Detailed answer — how Nevada law treats person and estate roles

Nevada separates authority over personal decisions from authority over financial matters. A guardian of the person has authority to make decisions about the ward’s personal care, living arrangements, medical treatment, and daily activities. A conservator (guardian of the estate) controls the ward’s assets, pays bills, collects income, invests funds, and files required inventories and accountings with the court.

The court’s rules and statutes about guardianships and conservatorships are in Nevada Revised Statutes Chapter 159. See the full chapter here: NRS Chapter 159 — Guardianships and Conservatorships. Nevada’s court self-help resources also explain forms and procedures: Nevada Courts — Guardianship Self-Help.

Key points under Nevada practice:

  • The court evaluates the person’s capacity and the need for protective orders. The judge may order a guardian, a conservator, or both depending on the findings.
  • A person appointed only as guardian of the person does not receive authority to access bank accounts, sell property, or manage investments unless the court also appoints that person as conservator of the estate.
  • The court may appoint the same person to both positions if doing so serves the ward’s best interests and statutory requirements are met.

Because the courts must approve management of a vulnerable person’s assets, anyone who wants to handle both personal and financial matters should petition for both roles or seek a separate conservatorship appointment after receiving the guardianship of the person.

Typical steps when you are or want to be both guardian and conservator

  1. Review the court appointment papers. The letters of appointment (court order) list the specific powers granted. Do not assume any power is granted unless it appears in the court order.
  2. If you need authority over assets, file a petition for appointment as conservator of the estate (or for combined appointment).
  3. Provide required notices to interested persons and creditors and attend the hearing. The court considers reports, medical evidence, and objections before deciding.
  4. If appointed conservator, follow court requirements: post a bond if required, file an inventory of assets, obtain court approval for certain transactions, and file periodic accountings.
  5. If immediate access to funds is necessary for the ward’s care, request temporary or emergency relief from the court rather than taking unilateral action.

Practical example (hypothetical)

Suppose you are named guardian of your elderly parent so you can make medical and placement decisions. Your parent’s savings sit in a bank account. You will not be able to withdraw funds for care or pay bills from that account solely because you are guardian of the person. To control that money you must be appointed conservator of the estate or obtain some other legal authority (for example, a valid durable power of attorney that authorized financial management before incapacity). If you need access right away, you can ask the court for emergency conservatorship or limited authority to use funds for the parent’s care.

Powers, duties, and limits — what the conservator (estate guardian) does

  • Collect and manage income and assets.
  • Pay bills and taxes, and make necessary expenditures for care.
  • Invest and protect property subject to statutory standards and court oversight.
  • File an inventory soon after appointment and submit periodic accountings to the court.
  • Obtain court authorization before selling major assets unless the appointment order says otherwise.
  • Post a bond if the court requires one to protect the ward’s assets.

When the court might combine roles

The judge may find it efficient and in the ward’s best interest to appoint one person to both roles. That usually happens when the proposed guardian is trustworthy, can handle financial duties, and the court is satisfied that combining duties will not create conflicts. Even when the court appoints the same person to both roles, the appointment will be stated in separate parts of the order and the conservator must still follow estate-related reporting rules.

Helpful hints

  • Read the appointment order carefully. The court’s written order controls what you may do.
  • Get certified copies of letters of appointment from the court clerk to present to banks and other institutions.
  • If you need financial authority, petition for conservatorship rather than assuming authority.
  • Consider whether a durable power of attorney (signed when the person had capacity) could have avoided court intervention.
  • Keep detailed records and receipts of all transactions for the ward. Courts require transparency.
  • Ask the court about bonds, inventories, and accountings early. Missing filings can cause problems or sanctions.
  • Use the Nevada Courts self-help pages and forms: nvcourts.gov/self_help/guardianship.
  • When money is urgent for care, seek temporary court orders instead of acting without authority.

Where to look in Nevada law

Primary statutes and court resources include:

Disclaimer: This article explains general Nevada guardianship practice and is for informational purposes only. It is not legal advice. For advice about a specific situation, talk to a licensed Nevada attorney or contact the district court clerk where the guardianship/protective proceedings would be filed.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.