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May 2015

Guardianship Practices Come Under Scrutiny of Nevada Supreme Court Justice Hardesty

by Connie McMullen

Connie McMullen
Connie McMullen

Nevada Supreme Court Justice James Hardesty wants a statewide committee to review the guardianship process in Nevada. Questionable practices of private guardianship cases has brought the subject to the legal communities attention, prompting a series of media coverage in Southern Nevada, and an outcry for corrective action by the Clark County Commission.

Guardianship abuse of state laws has been an ongoing issue for court representatives and judges in both Washoe and Clark County’s. The statewide committee would review the entire guardianship process, particularly annual reporting by guardians representing wards before the court. The proposed committee would include court and county personnel, elder rights advocates, guardians and other legal representatives.

In Washoe County, District Court Judge David Hardy has been extremely critical of the process, often times involving seniors who cannot represent themselves because of cognitive issues. In many cases, family members become a elders guardian and take advantage of their finances.

In other news, AB 222 is quietly making its way through the Nevada Legislature requiring that Personal Care Agencies be licensed and fined a monetary penalty if they fall out of compliance with licensure regulations. Personal Care Agencies provide care in the home for elderly clients who would otherwise be institutionalized because they are unable to care for themselves.

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