RENO (CN) – A 92-year-old man says Nevada’s incompetency laws are unconstitutional. In his federal class action complaint, Clifford Mixer says that just after his late wife’s niece was named his temporary guardian, his bank account was frozen, he was forced out of his home and his guns were taken from him without a hearing. Mixer says he was not even notified of the petition to find him incompetent.
Mixer challenges Nevada laws that allowed a “temporary” 10-day guardianship to evolve into a 5-month guardianship without a hearing or notice.
He also challenges the way the state determines competency. He says Nevada does not require a physician’s sworn testimony to make a competency decision, but only a doctor’s “certificate.”
Since the decision to remove him from his home and freeze his bank accounts, Mixer says, he “has become impoverished and has sustained irreparable harm.” He “wishes to return to his independent life and to manage his own personal and financial affairs.”
Mixer wants the laws declared unconstitutional. He also wants his property back, damages and attorney’s fees. He is represented by John White.