Walk It Through: A Parent Who Needs Help
A notario's sign, a request for medical records, a guardianship petition, and a declaration that takes effect.
Looking for help with a parent's paperwork, a family sees a sign advertising a notario.
Two things a person in this spot might do. Picking one shows what the law says about it.
One family caring for one parent. A durable power of attorney for finances, the order of preference among guardians, do-not-resuscitate orders and the parent's attendance at the hearing are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Clear and convincing evidenceThe standard of proof the person asking for a guardian has to meet to show that a guardian of the person, of the estate, or of both is necessary.
- Proposed protected personThe person a guardianship petition is about, for whom the court appoints an attorney unless the person wishes to retain, or has retained, one of the person's own choosing.
- Notario publicoA title a notary public who is not a Nevada attorney may not use in any advertisement of notary services, along with notario, licenciado or any equivalent term in another language.
- Declaration about life sustaining treatmentA declaration, signed and attested by two witnesses, governing the withholding or withdrawal of life sustaining treatment, which becomes operative when communicated to the attending physician and the declarant is in a terminal condition and no longer able to decide.
- Durable power of attorneyA power of attorney that survives the principal's incapacity. One created under the uniform act is durable unless it expressly provides otherwise.