Steve Miller: 'Jared Shafer's Law' May Be About to Lose Its Teeth

A current Nevada law inspired by Jared E. Shafer prohibits out of state relatives from looking after the person or fortune of their loved ones living in Nevada in the event a Clark County Family Court judge or appointed Guardianship Commissioner determines that the disabled or elderly person is incompetent to handle his or her own affairs.

Charles Hoskin

This law has allowed elected Family Court judges such as Charles Hoskin or his appointed Guardianship Commissioner Jon Norheim to time and a gain usurp the wishes or family trust of wealthy Nevada seniors or disabled persons and appoint a select private for-hire guardian to take full power of attorney over the "ward's" person and estate in total opposition to the ward's wishes or the desires of family members.

Even in the event the ward has family living in Nevada, numerous court records indicate that Hoskin or Norheim found these relatives unsuitable, agreeing consistently with local for-hire guardians who call the family members "exploiters," or "unfit."

In all cases studied, the private guardians bilked the ward's estate of most of its worth prior to and after the ward's death leaving no inheritance for grieving family members. Its not yet known whether Hoskin or Norheim shared in the bounty.

Jon Norheim

 Families of those affected have joined together and are asking the Nevada Legislature to amend Shafer's Law  S.B. 262 excerpts below) to allow out of state relatives to become the fiduciary of the assets of their Nevada family members when they are no longer capable of caring for their own finances.

This effectively takes the teeth out of Shafer's Law that allowed Family Court judges and commissioners to override wills and trusts to assign their friends full power of attorney over the assets of Nevada residents who the court deemed incompetent. (It is not a requirement that qualified medical professionals make this determination.)
~Steve Miller

S.B. 262

SENATE BILL NO. 262–SENATORS HARRIS, FARLEY, DENIS; GOICOECHEA, GUSTAVSON, LIPPARELLI, MANENDO, SEGERBLOM AND SETTELMEYER

MARCH 13, 2015
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JOINT SPONSORS: ASSEMBLYMEN STEWART, NELSON, SILBERKRAUS; AND WOODBURY
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to guardians. 

Legislative Counsel’s Digest:
Existing law provides for the appointment, qualifications and duties of guardians for certain minor and adult wards. (Chapter 159 of NRS) Existing law prohibits a nonresident of Nevada from being appointed as a guardian for a minor or adult ward unless the person has associated a co guardian who is a resident of Nevada or a banking corporation whose principal place of business is in Nevada. (NRS 159.059) Existing law also gives preference to certain persons to be appointed as a guardian for a minor ward but does not give preference to any persons to be appointed as a guardian for an adult ward. (NRS 159.061)

Sections 1 and 2 of this bill allow the court to appoint a nonresident as a guardian for an adult ward under certain circumstances. Section 1 also requires the court to give preference in appointing a guardian for an adult ward to the following persons in the following order, whether or not the person is a nonresident: (1) a nominated person, who is a person the adult ward specifically nominated or requested as a guardian in a will, trust or other written document executed by the adult ward while competent; or (2) a relative. If two or more nominated persons are qualified and suitable to be appointed as a guardian, section 1 generally requires the court to give preference to the nominated person named in a will, trust or other written document that is part of the adult’s established estate plan, but there are certain exceptions for extraordinary circumstances.

READ the full Senate bill SB262