5-015.19C Guardianship
The worker shall contact an attorney interested in the well-being of the client to file a petition for a finding of incapacity and to establish a guardianship when the worker determines the client is unable to make, communicate, or carry out responsible decisions concerning his/her person in any of the following areas:
1. Selecting a residence;
2. Arranging for medical care;
3. Protecting his/her personal effects;
4. Giving necessary consents, approvals, or releases;
5. Arranging for training, education, or other habilitating services appropriate for himself/herself;
6. Applying for private or governmental benefits to which s/he may be entitled;
7. Instituting proceedings to compel persons liable for his/her support to support him/her (if no conservator has been appointed);
8. Entering into contractual agreements (if no conservator has been appointed);
9. Receiving money and tangible property and applying it to his/her expenses, training, education, and habilitative services; and
10. Any other relevant areas.
A guardianship may be established for a client by a court if it determines there is clear and convincing proof that the person is incapacitated and requires continuing care or supervision of his/her person.
The court may establish a full guardianship which will give the guardian authority and responsibility for all ten areas or may establish a limited guardianship if it decides the client only needs assistance in some of these areas.
Caution should be exercised in planning this type of action since a guardianship legally restricts the client's ability to make decisions for himself/herself.
When the court appoints a guardian on behalf of a recipient of public assistance payments, reimbursement for guardianship fees may be allowed as provided in 465 NAC 2-008.06.