Advocates for the elderly are claiming that Public Administrator Lynn EnEarl's failure to file an inventory or provide annual reports on the status of her wards' welfare is a pattern for her nearly two dozen clients.
Three more cases brought to the attention of Douglas County District Court by Special Advocates for the Elderly are expected to be heard on Tuesday.
Last week, EnEarl relinquished her four-year guardianship over an 83-year-old Gardnerville woman, saying in court documents filed by her attorney Mike Rowe, that ward Sharon Hicks' clear desire to have another guardian prompted the move. Rowe objected to the accusations included in a July 1 petition filed by the advocates, and that EnEarl's willingness to transfer Hicks' guardianship was not an admission.
Douglas District Judge Michael Gibbons said he didn't understand why Public Administrator Lynn EnEarl and her attorney failed to file reports and an inventory required by law.
"It's a total surprise to me to find all this out," Gibbons said. "I'm somewhat mystified as to how this happened."
Special Advocate For the Elderly Coordinator John Giomi, who sought removal of EnEarl as Hicks' guardian, told Gibbons that EnEarl failed to file an annual accounting, a report on Hicks' welfare or to perform her other duties as required by law.
In a July 1 filing, Giomi said Hicks was transferred to Mountain View Health and Rehabilitation Center without any clothing or her belongings.
Special Advocate Dana Jantos called Hicks' questions about what happened to her property heartbreaking.
Jantos said it came down to two different accounts.
"Mrs. Hicks has an excellent memory," she said. "She has asked about her belongings many times."
EnEarl told Gibbons she didn't find any family photos or valuables when she entered the apartment.
"I spent a great deal of time in the apartment," she said. "There weren't any pictures or a family Bible or anything like that. There were a lot of books and trash and papers. She had a lot of magazines. It all had to be gone through. The clothing was not in good repair, but there were four or five clean newer outfits that were boxed and taken to Evergreen. There were no jackets or shoes that were in good shape. There were kitchen items and tableware. Three or four truckloads put in the trash. There was a lot of paperwork."
Gibbons said the Nevada Supreme Court has issued new rules for handling guardian cases that spell out the procedure to be followed.
Rowe said prior to the Hicks case, guardian cases weren't recorded, and that the reports were waived during the free-ranging discussions held on each case.
Gibbons said he remembered having the conversations, but didn't remember waiving any of the reports.
"Even if they did occur, does that negate meeting with a ward?" Gibbons asked.
Giomi said not only were the annual reports to the court on Hicks' person and finances not filed, but that they don't appear in any of the cases he reviewed.
"Why does it have language in every order that says they will do an inventory?" Giomi asked.
Giomi said that if EnEarl made it a policy to visit with her wards, she would have known Hicks' status and perhaps ended her guardianship.
"The issue is there is not accounting or annual reports from the guardian," Giomi said. "If she'd met her ward after a year, she would have known she was almost recovered and by God don't give her stuff away. Because she didn't follow up with her ward, she didn't know that the guardianship could be terminated successfully. Mrs. Hicks outwalks everyone in the room, with the exception of your honor. She has been without clothing. There has never been any belongings brought to her."
Gibbons told EnEarl she needs to have a good procedure in place to inventory her wards' property.
"Even people who are incompetent have a right to have their property," he said. "Not everything has to be disposed of. If they have jewelry and things just put them in a bag and give it to them. People are still going to want their things for some reason."
Gibbons said the advocates are there to work with the public administrator.
"Despite the conflict here, all three of the people are here to help," he said. "In the long run I think you'll find the SAFEs will help you."
Gibbons did not approve the accounting submitted by EnEarl and Rowe. He asked them to supplement the inventory they submitted with more information.
"You have submitted an accounting, but it's not complete," he said.
