Nevada Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Nevada instrument is a short-term guardianship appointed in writing by a parent under NRS 159A.205. The parent signs, and the person appointed as guardian signs too. Both signatures are acknowledged before a notary public. The statute prescribes what the instrument must contain.

2. 2

   The term is 6 months, effective immediately upon execution, unless the instrument specifies a shorter term or an event that ends it sooner. NRS 159A.205 says nothing about renewal or re-signing after the term ends. Only one written instrument appointing a short-term guardian for the child may be effective at any given time.

3. 3

   The appointing parent must have legal custody of an unmarried minor child. The instrument must state the appointment date and name the parent, the child and the guardian. The parent and guardian need not sign in each other's presence. The statute mentions a notary but no witnesses, and it states no court filing or delivery step.

4. 4

   If the child has another parent whose parental rights have not been terminated, whose whereabouts are known and who is willing and able to make and carry out daily child care decisions, that parent must give written consent to the appointment. A child 14 or older must consent in writing. The appointment does not affect the other parent's rights.

5. 5

   NRS 159A.205 does not list what a short-term guardian may do, does not mention school enrollment or medical consent, and states no protection for schools or providers who rely on the document. This page does not promise that any school or medical provider must accept it. Ask the school or provider what it will accept before relying on it.

6. 6

   This is not a court guardianship. It is made in writing without court approval, and the appointment does not affect the other parent's rights. Either parent may end it by a signed writing, as long as that parent has not been deprived of the legal custody of the child, and any court order appointing a guardian ends it. The statute states no relative requirement, age minimum or residency requirement for the person named.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Nevada has court routes: a temporary guardian on a verified petition, ex parte if an affidavit explains the emergency (NRS 159A.053), a temporary guardian where the child needs immediate medical attention (NRS 159A.052), and a regular guardianship under chapter 159A. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Nevada child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Nevada Requirements for Temporary Guardianship Agreement

• Parent-Signed Short-Term Guardianship

  A parent who has legal custody of an unmarried minor child may appoint in writing a short-term guardianship without the approval of a court (NRS 159A.205(1)).

• 6-Month Term

  The guardian serves for 6 months from execution, unless the instrument specifies a shorter term or an event that ends it sooner. The statute is silent on renewal (NRS 159A.205(5)-(6)).

• Notary Acknowledgment

  The parent and the guardian each sign in the presence of a notary public acknowledging the appointment, and need not sign in each other's presence (NRS 159A.205(5)).

• Other Parent's Written Consent

  Written consent of the other parent is required if that parent's rights are not terminated, whereabouts are known, and that parent is willing and able to make daily child care decisions. The appointment does not affect the other parent's rights (NRS 159A.205(3)-(4)).

• Consent of a Child 14 or Older

  A child 14 or older must consent in writing to the appointment (NRS 159A.205(2)).

• Required Contents

  The instrument states the date of the appointment and the names of the parent, the child and the guardian, and is effective immediately upon execution (NRS 159A.205(5)).

• Termination by Either Parent

  The appointment may be terminated by a written instrument signed by either parent who has not been deprived of legal custody, and any court order appointing a guardian ends it (NRS 159A.205(8)).

• One Instrument at a Time

  Only one written instrument appointing a short-term guardian for the child may be effective at any given time (NRS 159A.205(7)).