Tuesday, July 27, 2004 | 8:51 a.m.
On Sunday the Sun explored a barely known legal proceeding that can change a senior citizen's life forever. That legal proceeding, when someone has to defend himself against becoming a ward of the Clark County Public Guardian's office, ultimately can take away his civil rights if he's judged not competent to handle his own affairs. Often it's a family member, a friend or a professional guardian who applies to handle the affairs of a senior citizen, who could be suffering from dementia, Alzheimer's or another disease or malady.
Guardianship is supposed to protect senior citizens when they no longer can make decisions on their own. But if there aren't adequate safeguards, unscrupulous characters can take advantage of these legal proceedings, resulting in senior citizens being swindled out of their money and assets. All it takes for someone to be placed under a guardian's care is for a Family Court judge to agree with the recommendations of one doctor or a government agency. And, despite how far-reaching such a decision can be, it can also happen quickly: If there aren't any objections from the senior citizen or his relatives, it can all occur within a month.
The Sun investigation revealed that Nevada's safeguards to prevent the abuse of these proceedings aren't nearly as strong as they could be. For instance, as reporter Steve Kanigher noted, many prospective wards don't have attorneys during the process because state law doesn't require them to be represented in court. Although guardians are supposed to file an annual accounting of the finances if their ward's assets exceed $5,000, many don't and the Family Court doesn't have a system in place to detect violators. Further, the suitability requirements to be a guardian are virtually nonexistent in Nevada. Indeed, the Legislature in 2003 actually made it easier for convicted felons to be guardians as long as they hadn't broken laws involving the care they had delivered as a guardian.
The guardianship system also has been hurt by the state's population explosion. Last year Family Court in Clark County received 1,297 applications for guardianships, a large increase compared to the 688 in 1994. These filings actually have increased 32 percent more than the population's rate of growth, all of which means not enough time or care is being given to these cases. When the Legislature convenes next year it's imperative that it pass legislation that requires enough money to hire government investigators, social workers and attorneys to protect the rights of prospective wards. It must also provide enough funding to investigate reports of abuse after a guardianship has been approved. In addition, the Legislature should set standards that must be met by for-profit guardians, and training requirements should be established for family members who are guardians.
Any time the state considers taking away someone's civil rights, there should be abundant protections to prevent abuses. Criminal defendants are afforded due process. Senior citizens should receive no less.
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