Fifth Times The Charm?

  • Law
  • Judge Susan Johnson denies DA’s attempt to regarding Judge Erika Ballou from all criminal cases involving his office. [8NewsNow]
  • Convicted pimp to be appointed fifth attorney. [8NewsNow]
  • Political group seeks to block RFK, Jr. suit over Nevada ballot access. [News3LV]
  • Judge denies request for evidentiary hearing for Telles. [RJ]
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Anonymous
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Anonymous
June 7, 2024 11:01 am

Blog Lawyers, I need help. A friend believes her elderly parents are being scammed out of their life savings. Money has not transferred hands yet, but is to be handed over in the next couple of weeks. She just found out about this.

The parents are convinced this person is their friend and are not listening to reason. Is there any legal action that can be taken to stop the money being handed over? Can she apply for guardianship on the basis of elderly confusion and propensity to fall for scams? Or does there have to be significant cognitive decline for that? She has the document outlining the “agreement” and the scam is pretty clear.

It is literally their entire life savings. Any recommendations would be greatly appreciated.

Anonymous
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Anonymous
June 7, 2024 11:13 am
Reply to  Anonymous

Not a lawyer, but here is the state website for Elder Abuse:

https://adsd.nv.gov/Contact/Contact_ReportAbuse/

Anonymous
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Anonymous
June 7, 2024 11:23 am
Reply to  Anonymous

Be careful about this. When they don’t act, wrongdoers will twist that inaction as vindication.

Anonymous
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Anonymous
June 7, 2024 11:22 am
Reply to  Anonymous

I would say call Metro, but we all they will wash their hands and say, “iT’s a CiViL maTTer.” There was an elder exploitation section at the DA’s office at one point. Maybe reach out to them. Maybe try some news outlets here in town.

Anonymous
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Anonymous
June 7, 2024 11:40 am
Reply to  Anonymous

And contact their the bank too, may be on their radar.

Anonymous
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Anonymous
June 7, 2024 12:38 pm
Reply to  Anonymous

Just a thought. Try to background check the “friend”. Not only as to crimes, but bankruptcies, civil cases, property and assets owned. Check under married and single names, check in every state where the “friend” has lived. Someone who owns substantial assets may be less of a risk than someone who has little. That said, I am under the impression that people who prey on the elderly are serial offenders.

Anonymous
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Anonymous
June 7, 2024 12:59 pm
Reply to  Anonymous

See NRS 159.0525 – a petition for temporary guardianship can be filed if the person lacks capacity to respond to a risk of substantial financial harm. Requires a doctor or other professional to sign off on the person’s lack of capacity though.

Anonymous
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Anonymous
June 7, 2024 7:50 pm
Reply to  Anonymous

OP here. Thank you all for the suggestions.

Anonymous
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Anonymous
June 10, 2024 9:23 am
Reply to  Anonymous

I would also recommend contacting the Southern Nevada Senior Law Program. It’s a great group of attorneys and paralegals who help seniors for free. They may be able to give you some guidance.

Anonymous
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Anonymous
June 10, 2024 9:23 am
Reply to  Anonymous
Anonymous
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Anonymous
June 10, 2024 9:25 am
Reply to  Anonymous

Have your friend hire a competent elder law attorney to obtain guardianship over her parents. I recommend Rich Chatwin, Dana Dwiggins, or Dan Goodsell. I wish I could recommend reporting this matter to Adult Protective Services, but my experience is they are absolutely worthless in addressing and/or preventing elder abuse. Report but do not rely on them to do anything.

Anonymous
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Anonymous
June 10, 2024 9:35 am
Reply to  Anonymous

File an emergency petition for guardianship and complaint for injunctive relief seeking a TRO/Preliminary injunction to stop the suspected scammers from receiving funds. Put the suspected fraud before the court for evaluation in the process.

Anonymous
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Anonymous
June 10, 2024 9:42 am
Reply to  Anonymous

The guardianship court has swung hard against intervention, thanks to scandal. Someone making a dumb financial choice isn’t enough to establish a guardianship.

Anonymous
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Anonymous
June 7, 2024 11:13 am

I have a friend of a friend who is a victim of DV, they have filed for a protective order but want to retain someone to assist them. Any recommendations I can point them to?

Anonymous
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Anonymous
June 7, 2024 11:20 am
Reply to  Anonymous

Chris Tillman, Val Fujii, Bill Gonzalez, Molly Rosenblum, Frank Toti, Romeo Perez, or Audrey Beeson, to name a few. Safenest can link your friend up with someone in her price range as well and counseling. No clue if some of them still even practice, I’m old lol. LACSN also does TPO’s and UNLV has a law clinic dedicated to TPO’s if your friend is indigent.

Anonymous
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Anonymous
June 7, 2024 11:29 am
Reply to  Anonymous

The attorneys mentioned above are more appropriate advocates for the perpetrator of domestic violence. A survivor of DV needs a more gentle touch than the above attorneys mentioned.

Anonymous
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Anonymous
June 7, 2024 12:05 pm
Reply to  Anonymous

Tillman, Perez, and Beeson – the rest of those @11:20 would be a no for any case, but especially DV. Neil Mullins is good too. If there’s a criminal component to the case (on either side), might want to look at attorneys who practice both crim and family like Lisa Szyc.

Anonymous
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Anonymous
June 7, 2024 12:42 pm
Reply to  Anonymous

Thanks all for the recommendations, much appreciated!

Anonymouss
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Anonymouss
June 7, 2024 3:34 pm
Reply to  Anonymous

Agree with list except for Audrey and Molly. Chris is great.

Anonymous
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Anonymous
June 7, 2024 6:48 pm
Reply to  Anonymouss

Yep I agree with the list except for Audrey and Molly as well.

Anonymouss
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Anonymouss
June 10, 2024 10:21 am
Reply to  Anonymous

No on Rosenblum imho

Anonymous
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Anonymous
June 7, 2024 1:28 pm

I read that as the convicted pimp was going to be appointed as a 5th attorney. Does pimpin’ reflect on the attorney’s fitness to practice law? Because it seems like there’s a lot of overlap between a pimp’s skills and that of a senior partner.

Anonymous
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Anonymous
June 7, 2024 1:46 pm
Reply to  Anonymous

Get back to walking the blade, fungible billing unit!

Anonymous
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Anonymous
June 7, 2024 3:22 pm

Don’t try this yourself. I know J Burr handles these types. We’ve referred a couple like that n very pleased.

Anonymous
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Anonymous
June 9, 2024 10:37 am
Reply to  Anonymous

3:22 PM–Jeffrey Burr good but only for people who can afford him which means substantial assets.

Anonymous
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Anonymous
June 10, 2024 2:00 pm

Question for you all, i have a weird situation that I haven’t encountered before. The public administrator’s office has grabbed ahold of an estate for no apparent reason. There is a trust, the trustee (who is also the sole beneficiary) is ready and willing to serve, the pubilc administrator just somehow grabbed it. How would you proceed? I was thinking a letter to them on behalf of the trustee stating that he is acting as the trustee and that we anticipate that they will not interfere? Something like that?

Anonymous
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Anonymous
June 10, 2024 2:21 pm
Reply to  Anonymous

The PA’s office is in shambles right now. You may or may not get a letter back. Assuming there is a pour over will, your client has priority of appointment. Just file a petition to revoke the PA’s letters and appoint your client. Easy peasy.

Anonymous
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Anonymous
June 11, 2024 5:54 pm
Reply to  Anonymous

The PA’s Office has no jurisdiction over Trusts and will tell you that it has no jurisdiction over trusts 2 years after they take over a trust. I just had this issue. They are a complete and utter mess and contrary to some of the other comments I have seen on this blog the current CCPA bears a large chunk of the blame.