Guardian responds to court order

In early 2006, Sharon Hicks, then 78, was in good shape, physically and financially.

She had more than $50,000 in the bank, a steady income from her pension and Social Security, which more than covered her rent at her Kahle Drive apartment, and she was a walker, according to an accounting filed with Douglas County District Court

If she had a weakness, it was for an occasional movie, advocates testified in court last week.

On Feb. 28, 2006, Hicks was crossing Highway 50 in Stateline when she was hit by a truck.

On Tuesday, Hicks, Public Administrator Lynn EnEarl, attorney Mike Rowe and Special Advocates For the Elderly John Giomi, Dana Jantos and Dawn King appeared before District Judge Michael Gibbons.

On June 24, Gibbons ordered EnEarl to provide accounting and an inventory of what Hicks owned within 60 days. On June 25, all the material was submitted to the court, including information about the fate of Hicks' property when she was injured.

Gibbons thanked Rowe and EnEarl for complying with his order.

The special advocates are seeking to end EnEarl's guardianship of Hicks and to find a less restrictive place for her to live.

Hicks, now 83, followed the hearing by reading the court reporter's notes on a screen, because she requires a hearing aid.

Hicks made it clear to Gibbons she didn't want EnEarl to be her guardian anymore.

"I don't want any part of her," Hicks said. "I want her gone."

After her accident, Hicks was taken by paramedics to Barton Memorial Hospital. Hicks only had a brief window where she was lucid enough to convey her address before her injuries overwhelmed her ability to communicate.

When doctors spoke with Hicks in March 2006, she couldn't say what happened to her or why she was in the hospital. A few days later, on April 3, 2006, hospital officials contacted Douglas County to request a guardian, who would be able to make medical decisions for Hicks.

EnEarl was officially appointed Hicks' guardian on June 5, 2006. EnEarl was able to get into Hicks apartment after paying three months' back rent.

EnEarl said she was told by Barton personnel that Hicks was in an accident somewhere in California, and that they had no information on what happened.

In a response to a court order, EnEarl admitted that she didn't pursue anything regarding the accident.

In the meantime, Hicks was moved to a Gardnerville care facility where her savings quickly dried up.

Within a year of being put in the care facility, Hicks' savings were essentially gone, thanks to a monthly rate of around $5,000 a month for the skilled nursing home.

In order to qualify for Medicaid, a person has to be indigent. Someone with as little as $2,000 faces being removed from the program until the money is gone.

Medicaid has been helping Hicks live at the Evergreen Mountain View Skilled Nursing Home since Feb. 21, 2008.

But while Hicks' finances grew weaker, she recovered from the accident and has resumed her daily walks. Her doctor told EnEarl Hicks suffers from minor Alzheimer's but otherwise needs very little medical care.

Earlier this year, a social worker at the home wrote EnEarl suggesting that Hicks might benefit from a less restrictive environment and a lower level of care.

In a letter to attorney Rowe dated Feb. 19, EnEarl said she spoke with the state Division of Aging and asked that Hicks be considered for a waiver to live in a less restricted area. EnEarl was told Hicks didn't qualify for the Medicare waiver program.

Without the waiver, Hicks would have to have more than the $1,400 a month she makes off her retirement. Estimates at the time ranged from nearly $1,900 to $3,200.

Giomi said he was still seeking to remove EnEarl as Hicks' guardian. Gibbons appointed Giomi Hicks' temporary guardian for the specific purpose of pursuing $50,000 from the accident.

Gibbons set a 1 p.m. July 7 hearing to discuss other issues in the case.