Judges should enforce Nevada’s existing guardianship law, reform proponent says

Judge David Hardy

LAS VEGAS REVIEW-JOURNAL

A proposal to double the frequency at which guardians must file financial paperwork wouldn’t fix Nevada’s systemic problems, according to a key proponent for guardianship reform.

State law requires guardians — tasked with managing the finances of those deemed mentally incompetent — to file accountings of their wards’ assets and spending once a year. An amendment to SB 262 would make them file those documents twice annually.

Washoe County Chief Judge David Hardy, who advocates for tighter restrictions on guardians, said Thursday he does not agree with the proposed change while testifying in support of the bill in a meeting of the Assembly Judiciary Committee. Wards would end up having to pay for the extra work, Hardy said, which can easily cost about $3,000 each time.

Filing the accounting paperwork once a year is more than adequate, Hardy said. The judges who oversee guardianships just need to make sure that’s being done.

A Review-Journal series in April showed some guardians didn’t bother filing the required paperwork. Some drained hundreds of thousands of dollars from wards’ accounts.

SB 262, sponsored by Sen. Becky Harris, R-Las Vegas, also calls for a change to the state law that requires guardians to be Nevada residents. Including Harris, 13 legislators are sponsoring the bill. Several more lawmakers asked to be added as co-sponsors during Thursday’s meeting.

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Judges should enforce Nevada’s existing guardianship law, reform proponent says

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Guardianship problems are widely reported but seldom fixed

Courts, Lawmakers Working on Protection for Weakest Citizens

TN: Metro Sued in Probate Court Scandal Involving Now-Jailed Former Attorney John E. Clemmons

The court-appointed attorney for victims of a probate court scandal is suing Metro government for nearly $700,000, charging that a court official failed to monitor two cases and did not require the filing of mandatory annual reports.

John E. Clemmons

The two suits filed in Circuit Court by Paul Gontarek charge that Probate Master Robert H. Bradshaw was negligent in the handling of reports that were supposed to be filed by John E. Clemmons, the now-jailed Nashville attorney who served as a conservator in cases in Davidson and Rutherford counties.

“The Probate Court clerk’s office failed to ensure proper accountings were filed as required,” Gontarek said in one of the complaints.

In one case in which he served as an administrator, Clemmons filed just one annual report in a decade, according to the suit.

“Each failure to require an annual accounting is a separate negligent act or omission.”

Clemmons, 66, was jailed after entering guilty pleas to charges that he stole over $1 million from four clients. He is serving a sentence of up to 18 years.

Initially, Gontarek also filed suits against Bradshaw as an individual but records show he subsequently dropped those cases and consolidated all of the claims against Metro government, which employs the probate master.

Bradshaw declined to comment on the litigation. Lawyers for Metro have asked that the suits be dismissed, contending that the government is immune from such claims.

“The complaints contain no allegations of intent, malice or reckless misconduct,” Metro lawyers wrote in asking for the cases to be dismissed. “Because the duty owed is a public duty, the Metropolitan Government is immune.”

Conservator appointments
Clemmons was first appointed as the conservator for William Link and as the administrator of his estate after Link died in 2003. He also served as a conservator for Donald Griggs, 68, of Nashville. In Link’s case the missing money was supposed to go to his disabled daughter, who also is in a conservatorship.

The complaints charge that Clemmons stole $771,009 from the Link estate and $172,506 from Griggs. Clemmons was removed from both in April of last year after disciplinary proceedings were initiated against him.

Due to legal limitations the suits seek only $672,957 — $515,907 for Link’s estate and $157,050 for Griggs.

Gontarek’s complaint also charges that Bradshaw should have initiated contempt charges against Clemmons due to the failure to file the required reports.

“A reasonable person in the Probate Clerk’s position would have discovered Mr. Clemmons’ improper distributions,” the suit states. “The negligent acts and omission by the employees within the Probate Clerk’s office resulted in financial losses to the estate of William Link of at least $771,009.”
Gontarek did not respond to a request for comment.

Family’s motion
Members of the Link family, meanwhile, have filed a motion charging that Gontarek’s complaint does not go far enough and that additional criminal charges should be brought in the case.
“Both my family and I feel the actions of the circuit court clerk and probate master go beyond just negligent acts but are criminal in nature and for personal gain,” the motion by Elaine Dismang states.

Source:
Metro Sued in Probate Court Scandal