Nevadans don’t need training to qualify for guardianship

Friday, July 23, 2004 | 4:53 a.m.

WEEKEND EDITION

July 24 - 25, 2004

Under Nevada law, any adult resident of the state whom Clark County Family Court finds suitable can serve as a guardian. The qualifications are so broad that last year the law was revised to allow even ex-felons to serve as guardians as long as their prior convictions had nothing to do with a felony "relating to the position of a guardian," such as through elderly abuse or embezzlement.

This provision was added to law because Family Court was running into situations where the most suitable guardian for children was a grandmother or other relative who had a marijuana conviction 20 years before.

The only other adults who may not serve as guardians are individuals who have been suspended for misconduct or disbarred from the practice of law, accounting or other professions that involve financial or real estate management.

Although the qualifications for guardians are broad, there are no requirements in Nevada that they undergo any training or continuing education. The Clark County Public Guardian's office conducts a free guardianship workshop on the third Thursday of each month in which participants receive certificates. But the workshop is not mandatory.

Florida and New York have taken the lead in this area by requiring professional and family guardians to go through training. It is an idea that Sally Hurme of Washington, D.C., chairwoman of the National Guardianship Foundation, believes should be applied nationally.

"Everybody needs training," Hurme said. "Family guardians need training possibly more than the professionals."

Training means credibility, said Peter Santini, president-elect of the National Guardianship Association in Tuscon, Ariz. He said it might be more problematic to require training for family guardians because they might not have the time or inclination to go through training.

But he said it should be required for professionals.

"Certainly those who are hanging up a shingle should have some continuing education so that they are accountable for what they do," Santini said.