Taking for a minute a brief break from probate and bankruptcy law.:
Nevada law may or may not require parents to support an adult child that is disabled. NRS 125B.200 is less than a model of clarity. It defines a “minor child” as anyone “under a legal disability.” Not under 18 or 19, but “under a legal disability.” Presumably a 38 year old who is under a legal disability is a minor child.
So what, pray tell, does “under a legal disability” mean? Clearly a minor is under a legal disability. See Wren v. Dixon, 40 Nev. 170, 161 P. 722, 167 P. 324 (1916). A guardian’s ward (protected person) is likely also under a legal disability.
What if the ward is not under a legal disability when he turns 18, but is later adjudged in need of a guardian. Has the statute of limitations run? These and similar questions await resolution in Nevada. What is clear is that, at common law, a parent of a disabled child had a duty to support that child into adulthood. See Nelson v. Nelson, 548 A.2d 109 (D.C. 1988). It is also clear that, in Nevada, the common law rules prevail in absence of a controlling statute. NRS 1.030.