Judge sets new tone for guardianships

Problems found in the management of wards under the county's care are being addressed, according to District Judge Dave Gamble, who took responsibility for some of the issues in an interview on Monday.

"My first reaction when I saw some of the shortcomings was how I could have let certain things happen," Gamble said about guardianships managed by Public Administrator Lynn EnEarl. "We tend to get into auto-pilot mode, and one of the things I made clear was that I myself have the ultimate duty with regard to these wards."

EnEarl didn't file annual reports on her wards or inventories in cases where she was named guardian by the court. The reports and inventories are required by state law, but EnEarl's attorney, Mike Rowe, said that in some cases judges waived the requirement.

The public administrator is named in cases where no one else will take responsibility for a person who has been deemed incapable of handling their own affairs.

The issues with the public administrator were brought to light by Special Advocates For the Elderly, who were appointed by Gamble and District Judge Michael Gibbons.

Rowe said Monday the public administrator's office is working to bring the case files up to date. He said he hoped to have them all ready for submission to the judges by the beginning of August.

Gamble said he felt that the court and the public administrator have a duty to the wards, and he laid down new rules for dealing with them.

"Certainly, there were shortcomings in the performance of Ms. EnEarl, but I believe those have been corrected and that all of us involved in guardianship cases have realized that we have not had the day-to-day needs of the ward foremost in our minds," he said. "It was not just Ms. EnEarl's fault. It was just as much mine as the ultimate authority in these cases. When a practice over decades has gotten into a pattern, it's tough to break yourself out of that pattern. The SAFE advocates helped us break the pattern."

Gamble said that he gave EnEarl direction for the care of the wards. He credited the Special Advocates For the Elderly for their help.

"It has been a boon for the system in Douglas County and led to a much better protective system for the wards," he said. "My perception is that this has been really positive."

Among the guardianships heard last week was that of Anthony Machado, who is one of two wards who will be transferred to facilities with a less restrictive environment. A new guardian was appointed for ward Sharon Hicks on July 6.

Both Hicks and Machado are awaiting rooms at Carson Valley Residential Care Center.

Douglas County SAFE Coordinator John C. Giomi said moving a ward to a less restrictive home would save Medicaid about $20,000 a year.

He said the judge told the advocates and the public administrator to cooperate.

"He said we're not adversaries and that we need to work together," Giomi said. "We're taking that very seriously. Now that the SAFE program is in place, we are now able to look at every guardian case, and report to the court that they're up to date."

Rowe said his office is working hard to get the case up to date.

"We're working to reset the clock based on the comments of both judges," Rowe said. "We've been able to file in two-thirds of the cases, and we're now working on the balance of those accounts."

Rowe said he hoped to have all the missing paperwork filed by the end of July.

"Judge Gamble made a comment that the ultimate responsibility lay with the court, but I think we can greatly assist the courts by getting these reports on file, that's why I'm attempting to get them filed as quickly as possible," he said.

Rowe said that both judges want the reports.

"I think that message has been delivered by both judges," he said.

He pointed out that not all the reports in EnEarl's two dozen guardian cases are due.

"Some cases are new and are not out of time at all," he said. "Some have orders that waive the reporting requirement. But it's clear the judges want the reports, so there have to be reports in every case file for the public administrator."

Rowe said hearings have been noticed for Aug. 2 and 3 for a majority of the cases and for the following week for the rest.