Chief Justice Hardesty Appoints Judge Marquis and Judge Walker as Co-Chairs of Guardianship Commission

By Greg Ferraro 

CARSON CITY, NV – Nevada Supreme Court Chief Justice James Hardesty announced today that Judge Linda Marquis and Judge Egan Walker have been appointed as co-chairs of the 20-member Permanent Guardianship Commission.

In 2017, after considering the information submitted in the final report of the Commission to Study the Administration of Guardianships in Nevada, the Supreme Court of Nevada created a permanent Guardianship Commission to address issues of concern related to those persons who may be subject to the guardianship statutes, rules, and processes in Nevada.  All Nevada guardianships are administered by Nevada’s courts pursuant to Nevada Revised Statutes Chapter 159, which are reviewed by the Commission along with court rules, policies, and procedures.

On March 6, 2018, a Guardianship hotline was established to offer the public a central place to address guardianship issues. The State Guardianship Compliance Office reports concerns by callers to the Courts and provides callers with resource navigation services and referrals for additional support and assistance. The hotline number is 833-421-7711.

Judge Marquis served as a Justice of the Peace Pro Tem in Las Vegas Justice Court and the North Las Vegas Justice Court from 2011-2014. She was an Alternate Judge for the Las Vegas Municipal Court from 2011-2014. The Clark County Commission appointed her as a Presiding Officer for the Police Fatality Fact Finding Review Board in 2012. Judge Marquis assumed office for Department B of the Nevada 8th Judicial District Court Family Division in 2015.

Judge Walker was appointed to serve as the presiding judge in Department 2 of the Second Judicial District Court of the State of Nevada in 2011. He was elected to serve the remainder of Judge Hardy’s term in 2012 and was elected for a six-year term again in 2014. He was then appointed by Nevada Governor Sandoval on December 22, 2017 to Department 7, to fill a vacancy left by the untimely death of Chief Judge Flanagan. He ran un-opposed for retention of that position in January of 2018.

The first Guardianship Commission meeting with the new co-chairs is scheduled for March 31.

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Chief Justice Hardesty Appoints Judge Marquis and Judge Walker as Co-Chairs of Guardianship Commission

The Perils Of Guardianship Abuse: Corporate Direct's LLC Strategies To Protect The Elderly

Guardianship abuse in the United States is an urgent yet underrepresented problem. However, Nevada has taken legal action, and families can protect themselves through LLC strategies.

 

RENO, Nev. (PRWEB) March 04, 2019

 

When your parents reach the age when they require a paid nurse or regular visits from you, it’s common for representatives within the legal system to assume responsibility over their well-being. This unwarranted assumption has led to some horrific stories about older couples being ripped from their independence and forced to pay significantly more for a lower quality of life. 

Guardianship abuse is an underrepresented problem throughout the United States. In the face of negative publicity, some state governments have taken steps to deter guardianship abuse. Specifically, Nevada has become more aware of problems and has acted quickly. 

James Hardesty, a Justice on the Nevada Supreme Court and chair of the Nevada Supreme Court Permanent Guardianship Commission, is pleased with the results of the reforms. “Over the past year”, said Justice Hardesty, “we have seen dramatic improvements with how guardianship abuse cases are handled.” Reforms include giving potential wards the right to an attorney, creating a new set of more productive statutes for both child and adult guardianships, and staffing the Guardianship Compliance Office with an accountant to review each estate. 

However, it is clear that more judicial and legislative changes are needed. In some cases, basic estate planning whereby a living trust appoints a guardian when needed can be used to limit state intrusions. Absent such foresight, given the actions already taken and the actions yet to come, there is hope that Americans can come together and make changes in order to protect our elder family members and friends from these types of guardianship abuses.

Families Can Use This LLC Strategy Tip for Protecting Against Guardianship Abuse: 

Consider holding your parents’ assets (brokerage accounts, real estate and/or personal residence) in one or more LLC’s. Your parents will serve as managers of these LLC’s. However, if a guardianship is later imposed, a specially drafted Operating Agreement can provide that the children or a trusted advisor (and not the state or any of their appointees) become the managers. From this position your successor manager will be better able to fight the guardian’s attempts to improperly sell assets. 

Theodore Z. Sutton is a recent graduate of the University of Utah and will be attending the University of Wyoming Law School in the Fall of 2019. He is currently involved with legal research in Reno, Nevada.

Full Article & Source:
The Perils Of Guardianship Abuse: Corporate Direct's LLC Strategies To Protect The Elderly