Nevada lawmakers look to promote less restrictive alternatives to adult guardianship
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A Nevada bill would make changes to adult guardianship by prioritizing less restrictive approaches.
Senator Melanie Scheible, D-Las Vegas, the bill's sponsor, explained Nevada law promotes "supportive decision-making," a contract between a protected person and a supportive partner. She said the approach allows people to keep a level of independence and power when making important legal, financial and health care decisions.
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Scheible pointed out the new measure would require Nevada courts to first explore the option or other less restrictive alternatives before a guardian is appointed.
"It requires the judge to put on the record, why, if they are going to appoint a guardian, they are doing that in lieu of a supportive decision-making agreement," Scheible outlined. "What about this person's capabilities makes them unfit to be in a supportive decision-making arrangement?"
The legislation would also require the review of guardianships being transferred from outside the state into Nevada. Backers of the bill said state standards are not all the same and want to ensure guardianship is truly warranted. The bill was heard in the Assembly Judiciary Committee this week and has not faced opposition so far.
Jonathan Norman, advocacy, outreach and policy director for the Nevada Coalition of Legal Services Providers, said he supports the measure because he wants people in the state to retain as many rights as they can when receiving medical care.
"SB 346 will lead to fewer unnecessary guardianships," Norman contended. "Many adults and seniors with disabilities find themselves facing the rest of their lives in a court-ordered guardianship, not because they need it but because less restrictive alternatives were not fully explored."
Ellen Marquez is the mother of Alysa Marquez, 22, who has Down syndrome. She said guardianship has been "the default" for too long. She believes while guardianship has its place, it can also strip people of their rights.
"If we all rely on guidance from trusted sources, why shouldn't individuals with disabilities and older adults have the same opportunity?" Marquez asked.
