of law, exploiter-guardian
Jared Shafer had a license
the 95th birthday of a WW2
A loving family were called
taking the heroic action
Guadalupe Olvera home
22, 2010, (Ms.) Schultz kidnapped Mr. Olvera under cover of night
him to California. In disregard of numerous court orders, Schultz refused
him to his home in Las Vegas, Nevada. Schultz is now in contempt of court
and a bench
warrant has been issued for her arrest." - Jared E. Shafer, Nov. 2, 2012
19, 2014, rescued "ward" Guadalupe Olvera celebrates his 95th birthday
with family and friends
the beach in Santa Cruz, California (Photo by Rebecca Schultz)
INSIDE VEGAS by Steve Miller
July 28, 2014
LAS VEGAS - Had the family of WW2 hero
Guadalupe Olvera followed Nevada law, their patriarch would not have been
allowed to celebrate his 92nd, 93rd, 94th, and 95th birthdays with family
and friends at his home in Santa Cruz County, California. He would have
been confined to a rest home in Las Vegas after the death of his wife,
and would probably have died by now of loneliness and neglect under the
"guardianship" of Jared E. Shafer and his protégé Patience
taken at Mr. Olvera's 95th birthday party.)
After the death of his wife Carmela, instead
of staying confined in Las Vegas where he had no friends or relatives,
Mr. Olvera asked his family in 2010 to move him back to California - against
court orders - to spend the rest of his life with his only child Rebecca
Schultz, her husband Bob, their daughter, and grandchildren.
Since Olvera's rescue, one of his former
court appointed guardians, Patience Bristol, was sentenced to 5 - 8 years
in Nevada State Prison for exploiting the elderly while she was employed
by Jared Shafer, who has not yet been charged with a crime.
Amazingly, Mr. Olvera's Las Vegas confinement
and the bleeding of his assets were completely sanctioned by an unjust
Nevada law inspired by Shafer, and under the orders of one of Shafer's
cronies Clark County Family Court Guardianship Commissioner Jon Norheim.
Though Olvera was no longer receiving guardianship services from Shafer
or Bristol, the court-approved financial bleeding from his bank accounts
and other income continued for three and a half years after Olvera's move
to California, a state where Shafer and Norheim have no jurisdiction.
In May 1991, Shafer was the elected Clark
County Public Guardian. He and his attorney Patricia
Trent, went to the Nevada Supreme Court that year and requested a
redraft of portions of the Nevada Revised
Statutes relating to eligibility for public guardianship based on what
they called "perceived weaknesses in existing standards and statutes."
Unbeknownst to the Supreme Court Justices,
their compliance with Shafer and Trent's request would result in the draconian
future ability for "private guardians" with the injudicious approval of
the Clark County Family Court to take power of attorney over all personal
and financial rights of hundreds of wealthy local senior citizens and disabled
Nineteen years later, Guadalupe Olvera's
family rescued him from one of the most exploitive guardianships I have
ever reported. Since his liberation in 2010, "Lupe" has lived a happy and
healthy life with his family in Coastal California, though by helping him
come home, his daughter has had to hire lawyers in California and Nevada
to defend herself against expensive SLAPP
suits brought by Shafer and his crew.
Up until the time of Mr. Olvera's rescue,
no one has successfully removed a ward from a Shafer guardianship without
Shafer and his Family Court judge's approval, hence the retaliatory
The litigation against Olvera's daughter
was mostly funded from money Shafer bled from her father's family trust
during the years he had complete power of attorney over Lupe's person,
annuities, two carpenter's pensions, Social Security, Veteran's benefits,
and bank accounts, an amount estimated to exceed $420,000.00 was taken
before a California Superior Court Judge put an end to Shafer and his highly
paid attorney's exploitation.
According to Shafer's Law: "Eligibility
for public guardianship is based on: 1. county residence, 2. incompetence,
3. need, 4. the lack of suitable family or friend willing and able to
provide the service."
Number 4 of Shafer's Law is the Catch-22
that has allowed Shafer, et. al. to bleed the fortunes of so many Clark
County residents since his 2003 retirement from elected office and the
opening of his private guardian service. Because of Shafer's Law, no one
living outside Nevada can be the guardian or fiduciary of a person deemed
to be incompetent or physically disabled by a local Family Court judge.
Per Shafer's law, an out of state relative cannot even be the fiduciary
of a ward's assets or bank accounts, even though the ward's personal physical
needs are being cared for by a locally licensed guardian. Per Nevada law,
every aspect of a ward's life and fortune will be under the control of
a non-relative as long as the ward stays put in Nevada, and as long as
no relative moves here to attempt to usurp Shafer or one of his associates
at one of their highly controlled Vegas Family Court hearings.
The Nevada guardianship law is custom designed
to allow private guardian services such as Shafer's PFSN,
Inc. (Professional Fiduciary Service of Nevada) to bleed the inheritances
of out of state heirs of Nevada seniors. Even in the event an out of state
relative tries to establish Nevada residency to care for a loved one under
Shafer's guardianship, Shafer invariably tells the court that the person
is "unfit" or an "exploiter," and certain judges invariably agree.
(Poor people are never put under court
ordered private guardianship. They have too little to steal.)
Other than limiting the suitability of
family and friends to be guardians, Shafer's Law also stipulates: "2.
The guardian should provide competent management of the ward's property,
income and disbursements consistent with statutory guidelines. 3. The guardian
should implement prudent accounting procedures and exercise diligence and
intelligence in avoiding conflicts of interest. 4. The guardian should
insure that all goods and services purchased for the ward are delivered
and rendered. 5. The guardian should comply with all requirements of
the court including, but not limited to, filing an inventory, reports,
and annual accountings."
Number 5 is the second Catch-22. It gives
Family Court judges complete control over all other aspects of private
guardianship including disbursements of a ward's funds, accounting procedures,
filing of inventory, reports, and annual accountings. In numbers of cases
involving PFSN, Shafer has been challenged for not being accountable, but
has succeeded in quashing the challenges by citing that he has a judge's
approval of his sloppy or non-existent accounting practices.
In Guadalupe Olvera's case, he suffers
from major hearing loss and can barely walk without the assistance of a
walker which resulted in him being rendered incompetent by Judge Norheim.
This opened the door to Olvera's initial exploitation, until a Superior
Court Judge in California reversed Norheim's ruling on Olvera's competency
based on the opinions of doctors with no ties to Shafer.
I believe the reason so many Clark County
Family Court judges never challenge Shafer is that he
and his attorneys Patricia Trent and Elyse Tyrell are the owners of Signs
of Nevada, a company that donates or rents portable A-frame political
signs to candidates running for Family and District Court judgeships.
Few candidates for local judicial office have been elected without using
to view the 2:27 sec. court record of Shafer and his
personal Family Court Judge Jon Norheim mocking and ignoring the wishes
of then-ward Guadalupe Olvera.
year old WW2 hero pleads to be allowed to spend his final days with family
in California. Private
Jared E. Shafer (below right) signals his displeasure to Family Court Judge
Jon Norheim who
to permit Olvera to leave LV. Olvera's Family defies court and moves
patriarch to Santa Cruz
while funds continued to be drained from his account in Nevada to pay lawyers
to fight for his return.
In another 1:25
second court video, Shafer shows his power over the Family Court by
ordering Judge Norheim to clear the courtroom of spectators after attorneys
representing another of Shafer's wards accused him of stealing. Keep in
mind that Shafer is only a private citizen and has no authority to order
the clearing of a public courtroom.
How it began
Click on image to read full Sun City promotional article
I believe Sun City Anthem used the Olveras
as a promotion to encourage more elders to relocate and purchase homes
from them. Rebecca Schultz told INSIDE VEGAS that she remembers her mother's
excitement after being contacted by Sun City and asked to do an interview
with the Review Journal.
The chain of events leading to the Olvera's
exploitation began when Mr. and Mrs. Olvera received a brochure in the
mail enticing them to relocate to Southern Nevada and purchase an expensive
Sun City retirement home in one of two golf course communities overlooking
the Las Vegas Strip.
The first thing the Olveras were asked
to do after moving into their new home was attend a Wealth Management seminar
in their community's club house. There they were introduced to "asset protection"
John Dawson of Lionel Sawyer & Collins, one of Nevada most prestigious
law firms. According to Mr. Olvera, John Dawson soon learned the
extent of his and his wife's wealth, if they had relatives living in Nevada,
and whether the couple had an up to date will or living trust. That's when
the nightmare began.
Dawson offered Carmela and Lupe his services
to set up the Olvera Family Trust, and make Wells Fargo Bank the trustee.
After the trust was put in place, Wells Fargo never questioned Shafer's
billings or duplicate payments despite an email sent to Rebecca Schultz
from trust officer Eve Mills stating she was there to insure no duplicate
payments would be made.
Immediately following the death of Carmela
Olvera, Jared Shafer and Patience Bristol were appointed by Judge Norheim
to care for Lupe. Soon thereafter, Shafer began charging Olvera's trust
account a minimum of $422 per hour for his guardianship services with the
approval of Wells Fargo Bank officials Eve Mills and Susan Bull.
for a list of Shafer's court approved overcharges.
Nevada is known for its two most lucrative
industries, gambling and retirement. Nevada gambling is highly regulated
and used as a model by other states and nations. Unfortunately, because
of Nevada's lax guardianship laws that are essentially nothing more than
a license to steal, Nevada should never be a model for the retirement industry.
Meanwhile, John Dawson and Jared Shafer
are allowed to continue their activities with the tacit approval of the
Clark County Family Court.
INFORMATION on Guadalupe Olvera's war over Nevada's guardianship laws