Nevada’s guardianship system has been overhauled in the last 18 months in response to a series of investigative reports, focusing on bad acting guardians who exploited persons under guardianship for a period of years. These news reports have even been published in the New Yorker (see “How the Elderly Lose Their Rights” published on Oct. 9), but the Nevada press has been reporting on these abuses since 2015. As a result, the Nevada Supreme Court, Nevada Legislature, and Nevada Attorney General have been systematically refining and enforcing statutes, regulations, and court rules to hold guardians accountable and protect the rights of disabled and vulnerable adults.
Nine separate bills were passed during the Nevada Legislative session last spring. Most of them went into effect earlier this month (Oct. 1), or will on Jan. 1, 2018. These new statutes are quite massive. I printed them all off to read them and ended up with a 4-inch thick binder. The courts have been working diligently to enact these changes in the Guardianship Court but the law goes beyond guardianships. The new laws affect criminal laws and penalties, substantive rights and medical decision making.
One of the most important changes is the creation of a Bill of Rights for any adult under guardianship. This law went into effect earlier this month. It ensures every person facing guardianship is to be provided copies of the court paperwork, has an absolute right to come and meet the judge in court, and has an absolute right to their own independent attorney. If you can’t afford an attorney, the local rural courts have partnered with Washoe Legal Services in Reno to ensure you have free counsel. After all, if a defendant has a right to counsel, why don’t law abiding citizens who are facing the real risk of losing the ability to manage their own financial and medical decisions?
As part of these changes, the Legislature also has enhanced the criminal penalties for certain crimes against older or vulnerable persons. These categories of crimes don’t apply only to the elderly; they would apply to any vulnerable or disabled adult. Isolation, abuse, neglect, or abandonment of an older or vulnerable person have long been crimes, but the Legislature has increased the category of crime. Such crimes can now be treated as gross misdemeanors or Category C felonies for first offenses and Category B felonies for second or subsequent offenses. This is an increase in penalties, as the maximum sentence was 364 days in jail and a $2,000 fine and now is up to 6 years in prison.
Likewise, the penalties for financial exploitation have been enhanced. If the amount stolen or exploited is $650 or less, then the crime is a category C felony or a gross misdemeanor. But if the amount is more than $650, the crime is a category B felony. Since most disability checks from the Social Security Administration are $731 or more, even one instance of cashing out a disabled adult’s social security disability check and using it for your own gain is a felony. If criminals stole $650 to $5,000, they would face a minimum prison term of 2 years (maximum of 10 years) and a fine of up to $10,000. If the criminal stole more than $5,000, or if this is a second or subsequent offense, the penalty is 2 to 20 years in prison, and a fine of up to $25,000. Additionally, the criminal must be ordered to pay restitution for the monetary value of all the money, assets or property which the criminal wrongfully obtained or used.
These are serious matters, and serious crimes, that are finally being taken seriously. Many older and vulnerable adults now have attorneys they never would’ve had before, and the government is finally prosecuting financial crimes against elders and disabled adults. Abusers and exploiters beware.
Cassandra Jones is an elder law and family law attorney in Gardnerville. She can be reached at 782-0040.