The Adult Guardianship Hearing
After filing and serving the guardianship papers, the proposed guardians and the adult over whom the guardianship is requested must participate in a hearing with a judge. The judge will then decide whether to grant the guardianship. Read this section to find out the things you must do before the guardianship hearing and what to expect at the hearing.
Read more about each below.
Preparing for the Hearing
There are many things the proposed guardians must do to be ready for the hearing. Make sure all of the following items are completed before the hearing:
- Serve the Adult/Relatives/Agencies and file proof of service. Not serving the adult you want to be the guardian over and the required relatives and agencies with the Petition and Citation is usually the biggest reason that guardianship hearings do not go forward. Make sure you know Who Must Be Notified and make sure you have properly Served the Adult and Relatives before the hearing. Remember to file proof with the court that each person has been notified of the proceedings (through a certificate of mailing, an affidavit of service, or a waiver).
- File the "Physician's Certificate" (if not already done). This is the form that is usually completed by a doctor, explaining the medical condition of the person. If this was not filed with all of the other papers when the case was opened, be sure it is filed before the hearing.
- Arrange for the adult to participate in the hearing. The person you are asking to be named the guardian over must participate in the hearing unless the Physician's Certificate indicates they are unable to attend (usually because of medical issues).
- If none of the proposed guardians are Nevada residents, secure a registered agent (This does not apply if at least one guardian is a resident of Nevada). Non-Nevada guardians must designate a "registered agent" in the State of Nevada to accept service of legal documents. Non-Nevada guardians must select a registered agent (if you need to hire a service, a list can be found here under "Registered Agent Listing") and complete the "Appointment of Registered Agent by Nonresident Guardian of Adult" form located on the Secretary of State's website. The form should be mailed back to the Nevada Secretary of State. The court cannot appoint a nonresident as a guardian until this form has been properly filed with the Secretary of State.
Who must attend the Hearing
Anyone asking to be named the guardian must participate in the hearing. The adult over whom the guardianship is requested, the "proposed protected person," must also participate in the hearing unless the person has been excused. Any other relatives or interested persons may participate in the hearing if they have anything to share with the judge.
If the person over whom the guardianship is requested cannot participate in the hearing, the physician should certify that the person cannot attend in the Physician's Certificate.
The Hearing
Prior to the hearing, the Court will appoint an attorney to represent the proposed protected person. The attorney will participate to represent the adult's wishes.
At the hearing, the judge will ask the proposed guardians any questions that the judge might have. If the proposed protected person is available, the judge will ask the person some questions as well. Anyone who is against the guardianship will also be able to tell the judge the reasons they are opposed.
After the judge has heard from everyone, the judge may decide immediately whether to grant or deny the guardianship. If the judge needs to hear more before deciding on the guardianship, the judge may set a trial where the judge will hear from witnesses and examine any other evidence. Follow any instructions given by the judge if the judge does not make a final decision at this hearing.
If the judge approves the guardianship, the judge will usually create and give you an order appointing the guardians. The guardians will also be sworn in to take an oath. There may be other steps you need to take to finish your case. Visit After the Hearing to find out the final important steps to take to complete the guardianship case.
