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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: guardianship Clark County

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A joint Bench Bar meeting will be held Monday, May 15 from noon to 1 p.m. in the Regional Justice Center courtroom 10D, 200 Lewis Ave.  The meeting will offer information to help navigate legislative changes and should prove to be useful for those practicing probate, trust, and elder law. First on the agenda, is a legislative report to help attendees get up to speed on changes with guardianship. Recent Nevada Supreme Court decisions will be covered in the meeting and other hot topics will be discussed. Lunch will be sponsored by the Probate Section of the State Bar of Nevada.

Agenda:

Legislative report:

Dara Goldsmith report on Senate Judiciary Hearing May 8, 2017 AB 150 private professional guardians; AB 254 jurisdiction over trusts in guardianship matters; AB 288 protection of older persons; AB 319 guardianship of minors–proposed Chapter 159A, while adult guardianship cases remain governed by Chapter 159

Sections Bill AB 314—Alan Freer

Report on remaining Guardianship Bills (several have significant fiscal impact and are pending in the Finance committees)   See attached report

Other new business:

Supreme Court decision:  In re:  WN Connell and Marjorie T. Connell Living Trust,  133 Nev. Adv. Op. 19 (5/4/17)

Status of Graham BK claims/Reassigned cases—after Court Personnel leave

Section Reports

Probate Section—Elizabeth Brickfield

Elder Law Section—Cary Payne

Old business:

Questions or concerns about case transfers, RJC handicapped access, Guardianship Compliance; Probate Closures; Web Portal.

Probate/Discovery Commissioners:   Wes Yamashita (Jury Duty?) Bonnie Bulla

Guardianship issues:   Judges Potter, Ochoa, Sturman

Eighth District Court Rules (EDCR)

GUARDIANSHIP EDCR:  following the legislative session & Supreme Court Rules, revision of EDCR may be necessary, Judge Kishner, Chair of Rules Committee will discuss process.

Next meeting:

Bench Bar Probate Section June 12, 2017 (tentative SBN & video conference) Elder Law Section

Adjourn

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The Adult Guardianship Bench/Bar Meeting that was scheduled for Sept. 26 has been cancelled. Mark your calendar for the next meeting on Oct.24 from 11:30 a.m. to 1:30 p.m., at the Public Guardian’s Office, 515 Shadow Lane. If you have an agenda item for the Oct. meeting please e-mail RootA@clarkcountycourts.usno later than Oct. 14. Attendance to the Bench/Bar Meeting is free plus you getting two free Continuing Legal Education (CLE) credits. Bench Bar meetings are a great way to stay up on the latest developments and improve the efficacy of those who practice in the area of guardianship.

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An Adult Guardianship Bench Bar meeting  will take place Monday, Aug. 29 at the Public Guardian’s office on 515 Shadow Lane from 11:30 a.m. to 1:30 p.m.

Attendance is free. Attorneys get two free Continuing Legal Education (CLE) credits.

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Judge Dianne Steel at Guardianship Bench Bar meeting

Judge Dianne Steel at Guardianship Bench Bar meeting

If you’re an attorney who handles guardianship cases, set your reminder for the Monday, May 16 Guardianship Bench Bar at the Public Guardian’s office at 515 Shadow Lane. It’s a brown-bag, open forum from 11:30 a.m. to 1:30 p.m. to learn important information and ask questions. Judge Dianne Steel presides over the meeting that will cover hot topics for guardianship cases.

Bench Bar Agenda 5-16-16-05132016113659

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Judge Dianne Steel opened the Guardianship Bench Bar meeting on an upbeat note, telling attorneys in attendance that things are really moving fast. She commended those working to address guardianship issues saying they were, “focused, dedicated, thinking outside the box, and creative.”
Judge Steel also offered updates including:

  • A significant step has been made by the court to issue orders right from the bench. The ability to issue orders before individuals leave the hearing will save time, money and avoid missed dates and frustration.
  • The court plans to give out anniversary dates for the first granting of guardianship of any nature. This is to improve consistency and facilitate tracking. This is particularly important to ensure that the 60-day, report of guardian and annual accounting deadlines are met.
  • Mandatory status checks will continue on every Friday. Judge O’Malley will continue to assist in case review to look at every case that has slipped out of compliance.
  • In April, the court will review old cases again to ensure that nothing has slipped through the crack

The Guardianship Compliance Officer Riley Wilson provided an update on new software that will simplify guardianship accounting. District Court is adapting open-source guardianship accounting software developed by a Minnesota court. It’s being compared to Turbo Tax for ease of use. It is believed that the new software will streamline guardianship accounting processes and reports, and offer the ability to upload backup docs to the system. Once the software is sufficiently adapted for the Nevada Eighth Judicial District Court, beta testing will begin.

Each Guardianship Committee provided an update, and Deputy DA Jay Raman with the major fraud unit gave a brief presentation and addressed questions.

 Tips for guardianship court: Information on how to get it right in guardianship court.

  • Attorneys can’t stipulate a trial away. Counsel should do whatever needs to be done before the trial date. If a trial can’t go forward, a motion should be filed to continue
  • In pre-trial memorandums, just put the facts (just the facts). Pre-trial memorandums are not intended to be opening statements and should not have trial exhibits attached.
  • To get a hearing – file a petition with a Citation or a notice of hearing. Don’t forget to file your certificate of service.
  • What happens when no one shows? A Minute Order is issued and the case is closed for failure to prosecute.
  • Filings should have the subject first and the title should reflect the substance of the filing (i.e. Petition for Termination).

Judge Steel said that the court continues to evaluate what the caseload needs are and reminded everyone that the Self-Help Center has forms needed for guardianship filings. Attorneys who complete the two-hour adult guardianship bench bar receive two free Continuing Legal Education (CLE) credits. Upcoming Guardianship Bench-Bar meetings will be held from 11:30 a.m. to 1:30 p.m., March 14 at the Zenoff Hall training room and April 18 (location TBD).

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The Eighth Judicial District Court is taking action to implement best practices for guardianship cases as established by the National Association for Court Management. District Court Chief Judge David Barker recently attended an open hearing regarding guardianship at the Clark County Commission. As the chief judge, he is entrusted with the responsibility to handle matters of concern with the court. “Our fundamental responsibility to is to promote citizens trust and confidence in the guardianship process.” said Judge Barker. “I told the County Commission that I wanted to listen and I did. I continue to listen and I have also taken immediate action including establishing a guardianship hotline at 702-671-4614 and an email link guardianshipcompliance@clarkcountycourts.us for those who have concerns. “ Judge Barker sat in on guardianship cases to get a firsthand look as court officers worked. “Sitting in on guardianship cases provided valuable insight,” said Judge Barker. “As part of the fact-finding, I also spoke with those who handle these cases.”

Other action has been taken including:
• Contacting the Second Judicial District Court Chief Judge David Hardy and Nevada Supreme Court Chief Justice James Hardesty to form a high-level Guardianship Commission to review the issues and concerns expressed by the Clark County Commission.
• Contacting nationally recognized experts in guardianship for their expertise, insight and possible involvement with the commission.
• Review of significant correspondence regarding guardianship.
• Meeting with law enforcement and others in the executive branch with an eye toward cooperation that would be consistent with the judicial canons and responsive to community concerns.
• Requesting a guardianship compliance administrator and an investigator as steps to a wider strategy to address a number of important areas including:Formalizing a process for bringing complaints or concerns to the attention of the court. Implementation of a guardianship monitoring program. Promoting court/community collaboration. Developing and institutionalizing training programs for guardians and volunteers who are not professionals. Developing improved standardized procedures, forms and informational resources. Tracking and documenting the number of cases to determine and secure optimum staffing and resources.

The Guardianship Commission will examine policies and procedures currently used and provide recommendations, based on national best practices, on how they can be improved. The court appreciates the County Commission commitment to addressing this important concern and looks forward to their essential support to make the Guardianship Commission recommendations into reality. Adding a guardianship compliance administrator who is experienced in this case type will be a significant step to handling these challenges.

There are volunteer legal organizations in the community that work to assist with guardianship matters. “I ask that you support the community volunteers who are struggling but want to help,” said Judge Barker. “With calm deliberation we will allay the concerns and answer the questions asked regarding guardianship. Protecting those impacted by intellectual disabilities and diseases associated with aging is essential to the well-being of our families and community in Clark County. In cooperation with this commission, the judicial branch is actively addressing the guardianship issues raised and will pursue the best avenues and resources to develop solutions and improve the handling of guardianship cases.”

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