Legal Question in Family Law in Nevada
I have an 18 year old son with Asperger's Syndrome. I want to apply for guardianship, so that I can make important decisions that he isn't quite capable of understanding. His psychologist agrees this is a good idea. I would like to know how difficult this is going to be. I have read the application in my area, and it makes you list all family members (grandparents, aunts, uncles, ect). Do I really have to do this, given that I am his biological mother (I had sole custody his entire life)? His biological father has never even met him, and I doubt he would oppose this (though there is a slight possibility). My soon-to-be ex husband may oppose just to spite me. Are these going to be big obstacles for me? I just want to know what I'm going to be up against.
1 Answer from Attorneys
You will need the doctor to complete a form called Certificate of Incapacity and Regarding the Need for Guardianship and your son will have to appear at the hearing although the judge will just say hi and chat with him for a minute.
You need to notice your son's father, but not your soon to be ex husband unless he adopted him. You also need to notice your son's siblings and grandparents.
You will also need to specifiy if your son receives any money besides social security and if you just want a guardianship over the person (to make medical decisions and personal decisions) or also over the estate (any money your son may have received).
The forms are somewhat long and a bit confusing, but getting a guardianship is definitely doable.
If you wish to hire an attorney to assist you, please contact me. I have handled many guardianships.
Best wishes,
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