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Can an Appointed Guardian in Las Vegas Change the Provisions in an Estate Plan?

When the courts appoint a guardian, that person can take control over most aspects in the life of the ward, including the handling of daily finances and decisions regarding where the ward lives. However, guardianships do not grant the power to change the overall plans the ward made earlier in life. This is why it is important for individuals in Las Vegas, or elsewhere in Nevada, to make sure their estate plans have legal protections in place against possible changes by guardians.

Just as judges must approve the appointment of guardians, they must also approve certain activities an appointed guardian wants to perform. In general, Nevada Guardianships law requires guardians to petition the court before taking any actions that may alter or revoke any legal documents affecting the beneficiaries. For example, guardians cannot change wills, or alter beneficiary designations on life insurance policies, bank accounts or any other asset legally intended for the heirs of the ward. The courts can override the intentions of the estate plan under specific circumstances, such as when a guardian needs to obtain otherwise unavailable funds to handle the basic financial needs of the ward.

The overall goals of Guardianship law in Las Vegas involve protecting incapacitated individuals from any form of harm. However, the law is not intended to undo the decisions made by wards when they had the capacity to make them.

The attorneys at the law firm of Tyrell Law, PLLC understand the importance of helping ensure that your assets remain available to your heirs. We have over three decades of experience creating effective estate plans and handling probate matters. In addition, we can represent the interests of heirs in the event a guardian petitions to make unnecessary changes to the estate. Contact us to learn how we can help you.

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