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Nevada Standby Guardianship Law

In Nevada, a parent may nominate or appoint a short-term guardian in writing for the child without approval of a court for an unmarried minor child if the parent has legal custody of the minor child.  The standby guardianship for a minor who is age 14 or older will take effect only if the minor provides written consent to the guardianship.

The appointment of a short-term guardian in writing becomes effective immediately upon execution of the document.  The document must include the date on which the guardian is appointed, the names of the parent who appointed the guardian, the minor child for whom the guardian is appointed, and the person who is appointed as the guardian.  The instrument must be signed by the parent and the guardian in the presence of a notary public.

The short-term guardian serves for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.  Only one written instrument appointing a short-term guardian may be effective at any given time.  The law specifies that the appointment of a short-term guardian does not affect the rights of the other parent of the minor.

A short-term guardian shall not be appointed for a minor child if the minor child has another parent whose parental rights have not been terminated or whose whereabouts are known.  If the another parent is willing and able to make and carry out daily childcare decisions concerning the minor, the rights of such parent has to be considered before appointing a short-term guardian.  Such an appointment must need the other parent’s written consent.

The service of a short term guardian shall be terminated by an instrument in writing signed by either parent if that parent has not been deprived of the legal custody of the minor, or by an order of a court of competent jurisdiction.

Inside Nevada Standby Guardianship Law