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CONTACT 13: Private guardian leaving Nevada

Posted: 5:02 PM, Apr 14, 2016
Updated: 2016-04-15 22:25:06Z
More details about the fallout from a private, professional-guardian who was appointed by Clark County Family Court to protect more than a hundred vulnerable seniors. 
 
Contact 13's Darcy Spears continues her investigation of a system gone horribly wrong.
 
Private guardian April Parks continues to escape accountability for admittedly gouging people she was supposed to protect.
 
She's now under criminal investigation, but Contact 13 learned she's leaving Nevada. And leaving behind a financial and emotional mess.
 
"We have no idea of how she spent the money over the past, close to a year. And that's a big problem," says attorney and former State Senator Justin Jones who represents Larry Braslow and his mother Ruth. 
 
April Parks was given guardianship over Ruth in 2013, but withdrew from that case and dozens of others after a Contact 13 Investigation led to a criminal one.  
 
Despite backing away from the people she's responsible for, Parks still has to submit final accountings of people's estates and show up to court.  
 
Last month, Parks was a no show twice in Ruth Braslow's case and now, her son Larry is picking up the pieces.  
 
"He's trying to make sure his mother is cared for," says Jones, "But you can't do your job if you don't know what's been going on for the past year."
 
To make matters worse for loved ones like Larry, Contact 13 obtained a court document in another guardianship case stating that April Parks is "...in the process of relocating out of state."  
 
Despite all Parks' failures, the court hasn't held her in contempt or done anything to force accountability.
 
"And she is just saying 'see you later. I'm out of here. I can't take it'", explains Jones. "And that's just wrong. She had fiduciary obligations to elderly people who were placed in her care. And she's just flying the coop. It's wrong."
 
Parks is due in court next Tuesday to show why she shouldn't be held in contempt.
 
We tried to reach parks but the number for her business is disconnected. Her lawyers didn't return our calls or emails.
 
We asked the 8th District Court for comment about Parks failing to submit final accountings and if the court will hold her accountable. This is their response:
 
The court does not comment on the substance of pending litigation.  Please refer to Chapter 159 of the Nevada Revised Statutes for the available statutory remedies against guardians who do not fulfill their responsibilities.
 

ACTS AGAINST OR AFFECTING WARD OR PROPOSED WARD

       NRS 159.305  Petition alleging that person disposed of money of ward or has evidence of interest of ward in or to property.

      1.  If a guardian, interested person, ward or proposed ward petitions the court upon oath alleging:

      (a) That a person has or is suspected to have concealed, converted to his or her own use, conveyed away or otherwise disposed of any money, good, chattel or effect of the ward; or

      (b) That the person has in his or her possession or knowledge any deed, conveyance, bond, contract or other writing which contains evidence of, or tends to disclose the right, title or interest of the ward or proposed ward in or to, any real or personal property, or any claim or demand,

Ê the judge may cause the person to be cited to appear before the district court to answer, upon oath, upon the matter of the petition.

      2.  If the person cited does not reside in the county where letters of guardianship have been issued pursuant to  NRS 159.075 , the person may be cited and examined before the district court of the county where the person resides, or before the court that issued the citation. Each party to the petition may produce witnesses, and such witnesses may be examined by either party.

      (Added to NRS by  2003, 1759 )

       NRS 159.315  Order of court upon findings concerning allegations that person disposed of money of ward or has evidence of interest of ward in or to property; nonappearance or noncompliance by person cited; effect of order.

      1.  If the court finds, after examination of a person cited pursuant to  NRS 159.305 , that the person has committed an act:

      (a) Set forth in paragraph (a) of subsection 1 of  NRS 159.305 , the court may order the person to return the asset or the value of the asset to the guardian of the estate; or

      (b) Set forth in paragraph (b) of subsection 1 of  NRS 159.305 , the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.

      2.  The court may hold a person who is cited pursuant to  NRS 159.305  in contempt of court and deal with the person accordingly if the person:

      (a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or

      (b) Fails to comply with an order of the court issued pursuant to subsection 1.

      3.  An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed ward or the estate of the ward to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.

      4.  If the person who is cited pursuant to  NRS 159.305  appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the estate of the ward or proposed ward, the court may order:

      (a) The estate of the ward or proposed ward to pay the attorney’s fees and costs of the respondent; or

      (b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorney’s fees and costs of the respondent.

      (Added to NRS by  2003, 1759 )