Big changes for guardianship in Nevada

RENO, Nev. (KOLO) - Many of us remember the actor Peter Falk as the bumbling detective “Columbo” or as the grandfather-story teller in "Princess Bride."

In New York state, prosecutors know him as a son who pushed for the arrest and conviction of a man who befriended his wealthy mother, isolated her and bilked Madeline Falk out of a million dollars.

“He did public service announcements for financial exploitation. He felt very passionately about it,” says Catherine Falk.

But what you may not know is Falk had two daughters who found out about their father's death through news media accounts.

Catherine Falk says she fought her stepmother in court for months to gain access to her father, who by the time she got to see him suffered from dementia.

“You know the burden should not be placed on the person--the family that's wanting to see visitation. The burden to isolate should really be put on the power of attorney to justify why are you isolating this person from all of these people,” says Falk.

If you think such things are impossible in this day and age, think again.

Current laws in Nevada allow a court appointed guardian--be it relative, a private company, or public guardian--to make all decisions for the person who is declared incapacitated, sometimes with very abusive results.

“A private professional guardian who had moved that elderly person, and was charging unbelievable fees. One day it appeared as if they billed 25 hours in one day.....yeah.” testified Barbara Buckley with Legal Aid Center of Southern Nevada.

Her agency has investigated and represented “Protected Persons” for more than a year now.

Buckley told Assembly Judiciary Committee members she supports both Senate Bills 433 and 360 because they paint clear-cut lines with what rights a "protected person" has, as well as directs the guardian to what they can and cannot do, and what needs to be reported to the court that oversees the process.

"The Bill of Rights" which she authored, if passed, would make Nevada only the third state in the nation with such a system in place.

“So this to me is one of the best bills in the country,” said Catherine Falk about SB 360 which contains the Bill of Rights as well as criminal penalties for guardians convicted of elder abuse or exploitation.

Guardians and facilities that violate the bill of rights can face civil litigation. But both Senate Bill 433 and 360 must make their way to the governor's desk first.

Assembly Judiciary took no action on these two bills May 15, 2017.

But as one lawmaker said last week, this session could be the year of marijuana, as well as changes to guardianship.

Full Article & Source:
Big changes for guardianship in Nevada

Assembly hears testimony on reforming Nevada guardianship system

Barbara Buckley

CARSON CITY — The Assembly Judiciary Committee on Monday heard two bills aimed at reforming Nevada’s guardianship system.

Senate Bill 360 puts tougher penalties in place for guardians who abuse and neglect elderly and vulnerable wards in their care. The bill allows prison sentences of up to 20 years for such cases. The current maximum is six years in prison.

Senate Bill 433 puts a mechanism in place to ensure a protected person can communicate with family and friends. Supreme Court Justice James Hardesty told lawmakers that the state’s guardianship commission had found protected people were often restricted in that regard.

“It starts with the presumption that guardians will not restrict someone from communication,” he said.

Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, told lawmakers that checks and balances are needed. She shared a story about a woman under the care of a guardian who was put into a group home, isolated from family, as her belongings were sold.

“The guardian acted like God, destroying this person’s life,” she said.

The Assembly panel also heard testimony that included support from Catherine Falk, the daughter of actor Peter Falk.

She told the committee of a lengthy legal battle to see her father, who was suffering from dementia, after her stepmother wouldn’t allow visits. Falk died in 2011 and was buried without his two daughters being notified; they found out through media reports. She now advocates for guardianship laws through the Catherine Falk Organization.

“We feel if a guardian is restricting visits unfairly or without real reason other than personal animosity towards the family or simply for convenience, the court should know about it by requiring real proof that isolation is necessary,” Falk said.

The committee did not act Monday on the bills, which have both passed the Senate unanimously.
Contact Ben Botkin at bbotkin@reviewjournal.com or 775-461-0661. Follow @BenBotkin1 on Twitter.

Protections for wards

Rights for those under guardians in the “Wards’ Bill of Rights” of Senate Bill 360:

■ Notice of all guardianship proceedings.
■ A copy of documents in guardianship proceedings.
■ A family member, interested party or medical provider can speak on behalf of a ward.
■ Participate in developing a plan for your care and managing assets and personal property.
■ Remain as independent as possible.
■ Be treated fairly by guardian.

Full Article & Source:
Assembly hears testimony on reforming Nevada guardianship system

See Also:
Guardian oversight bill headed for vote in Nevada Assembly

CONTACT 13: New Nevada guardianship laws promise accountability and protection

LAS VEGAS (NV) - A Contact 13 investigation has led to long-overdue changes in state law. Abuse and exploitation have run rampant in our adult guardianship system, but protection and oversight are on the way.

It's deadline day in the Nevada Senate and two bills both passed to safeguard older and vulnerable citizens from those who would exploit them.

Court-appointed guardians are supposed to protect those who can't care for themselves.

But, as a recent spate of indictments shows, the so-called protectors often take advantage of vulnerable people for their own personal gain.

Senate Bill 360 increases both civil and criminal accountability in guardianship cases and provides for more prison time for convicted abusers.

It also establishes a bill of rights for people under guardianship.

Senate Bill 433 ensures those protected persons can't be isolated and compels the court to hear cases in short order.

It also makes sure protected persons will have legal representation and authorizes a court to impose fines and order restitution in cases where guardians are guilty of impropriety.

This legislative action comes as the result of a two-year Contact 13 investigation.

After we exposed systemic corruption in the guardianship system and lack of oversight in Clark County Family Court, the Nevada Supreme Court formed a guardianship oversight commission to fix flaws and change laws.

Full Article & Source:
CONTACT 13: New Nevada guardianship laws promise accountability and protection