Petition for removal of guardian of older person.

Petitioning for Removal of Guardian Explained by Nevada Criminal Lawyer

Seniors and vulnerable people may become unable to care for themselves. When this happens, the court could appoint a guardian or conservator to provide care for the senior and to make decisions on the senior’s behalf. The guardian has a strong responsibility under the law to act in the best interests of the senior under his or her care and to avoid engaging in behavior that could cause harm to the senior.

Because seniors and vulnerable people face grave risks if subject to abuse, Nevada has many different laws related to the abuse or neglect of senior citizens and other vulnerable individuals. These laws are found in Chapter 200 of Nevada’s criminal code, which is the Chapter for crimes against the person.

There are laws requiring mandated reporting of suspected abuse from certain professionals such as doctors and other caregivers. There are also rules regarding the investigation process and regarding how and when different individuals can be held legally accountable for being abusive or neglectful or for facilitating abuse.

There are also laws found within Chapter 200 of Nevada law that provide protection for the senior or vulnerable person who is being abused. One such law is Nevada Revised Statute section 200.50968. This statute deals with the petition for removal of a guardian of an older person.

If you become involved in a case related to the alleged abuse, neglect, exploitation or isolation of a senior and you are currently serving as a guardian, it is very likely that a petition will be filed to have you removed. LV Criminal Defense can provide assistance in helping you to determine if this is likely to happen to you. We can also provide you with advice on how to respond if you are facing removal as a guardian and even facing potential criminal charges for alleged abuse or neglect. Just give us a call today to talk with a Vegas criminal defense attorney to find out how we can help.

Nevada Revised Statute section 200.50986: Petition for Removal of Guardian of Older person

According to Nevada Revised Statute section 200.50986, the local office of the Aging and Disability Services Division is permitted by law to petition a court to have a guardian or other older person removed.

The Office of Aging and Disability Service, which is part of the Department of Health and Human Services, can petition to have the guardian or conservator removed if the Office of Aging and Disability Services has conducted an investigation into suspected abuse and the investigation has uncovered reasonable cause to believe that abuse, neglect, exploitation or isolation occurred.

The Office can make this petition only if it has conducted an investigation into suspected abuse and has reasonable cause to believe that the guardian who the office is trying to remove is abusing, neglecting, isolating, or exploiting a senior citizen under his care and control.