IN RE: THE GUARDIANSHIP OF: NICHOLAS SARNELLI (2025)

ORDER DISMISSING APPEAL

Anthony Barone, as guardian of the person for adult protected person Nicholas A. Sarnelli, appeals, on behalf of Mr. Sarnelli, a district court order awarding guardian fees and attorney fees and costs to the former guardian of the estate of Mr. Sarnelli, Nevada Guardian Services, LLC and attorney Kim Boyer. Mr. Barone is not an attorney. Mr. Sarnelli is represented by attorney Michael Kostrinsky. Mr. Barone also appeals the deferred ruling entered by the district court on March 13, 2025. Eighth Judicial District Court, Family Division, Clark County; Bryce C. Duckworth, Judge.

On March 14, 2025, this court ordered Mr. Barone to obtain counsel and cause counsel to file a notice of appearance in this court by May 13, 2025. On May 30, 2025, this court extended the deadline to comply with the March 14, 2025, order to June 30, 2025. As of the date of this order, Mr. Barone has failed to comply with this court's March 14, 2025, order. Additionally, Mr. Kostrinsky has not indicated that Mr. Sarnelli wishes to appeal the order identified by Mr. Barone.

“[C]onsistent with the majority of jurisdictions that have considered this type of issue[,]” “[w]e conclude that a nonattorney guardian may not represent a ward in court proceedings without an attorney because it would violate the prohibition against the unauthorized practice of law and possibly lead to abuse.” Estate of Snelgrove v. LeBlanc, 218 Vt. 636, 637, 311 A.3d 114, 115 (2023). As Mr. Barone is not a Nevada licensed attorney, he is not authorized to file a notice of appeal or litigate an appeal on behalf of another person. See Guerin v. Guerin, 116 Nev. 210, 214, 993 P.2d 1256, 1258 (2000).

Last, the district court's March 13, 2025, order memorializing a deferred ruling is not a final judgment and no other rule or statute authorizes an appeal of such an order. Accordingly, this court lacks jurisdiction and we

ORDER this appeal DISMISSED.¹

Pickering, J.

Cadish, J.

Lee, J.

FOOTNOTES

1.   On June 13, 2025, Mr. Barone, submitted an “Objection to [this] Courts May 30th Order & Clarification.” To the extent this document may be construed as a motion, it is denied as moot. Likewise, Mr. Barone's December 31, 2024, motion requesting removal of Mr. Sarnelli's appointed counsel and February 10, 2025, motion for extension of time are denied as moot.