Against all odds

Daughter of WW2 vet succeeds in terminating
Jared E. Shafer's Nevada guardianship and a
California conservatorship dictated by Shafer

No one has ever terminated a Shafer guardianship
without his consent - until now

Schultz kidnapped Mr. Olvera under cover of night and brought him to California...
while continuing to hold her father hostage - Jared E. Shafer

Petitioner's condition having improved and stabilized in his new home
environment with his immediate family, and being able to manage his
personal and financial affairs, the court orders termination of the
Conservatorship - California Superior Court Judge Paul M. Marigonda

.
      Terminated "Guardian" Jared Shafer              Rebecca Schultz and dad safe at home in California
 

INSIDE VEGAS by Steve Miller
AmericanMafia.com
September 2, 2013

LAS VEGAS - On August 21, 2013, California Superior Court Judge Paul M. Marigonda restored the rights of 94-yr-old WW2 hero Guadalupe Olvera after a court appointed Nevada guardian bled $300,000.00 from Olvera's family trust, deprived him of his civil rights, and held him captive in his Henderson, Nevada home from the beginning of November 2009 until the end of September 2010 when Olvera defied Nevada for-hire guardian Jared Shafer's orders and moved back to California to spend his final days with his family.

Shafer then spent Olvera's funds paying attorneys in Nevada and California in an expensive but failed effort to force Olvera to return to Nevada, while holding his estate captive until August 21, 2013 when Judge Marigonda finally restored Olvera's civil rights.

Confirming that Guadalupe Olvera was and is competent to handle his own personal and financial affairs, Judge Marigonda overruled the orders of Shafer crony, Clark County Family Court "Guardianship Commissioner" Jon Norheim, and released Olvera from a forced California guardianship required by Shafer as a condition for the Nevada termination of Shafer's four-year-long control of Olvera's person and fortune.
 

Asked how he feels after regaining his civil rights, Guadalupe Olvera stated: 'I'm glad I'm free from what he did to me. I'm free now and I don't ever want to hear his name again. I hope he goes to jail.'

In September 2010, after her father told her he suspected he was being scammed since the death of his wife, Olvera's only child Rebecca Schultz followed his orders and moved him to her home in Santa Cruz County, California in defiance of Shafer who had referred to Olvera's family as "exploiters" and "unfit."

In retaliation, Shafer had a judge-friend issue a warrant for Schultz' arrest if she ever returned to Nevada to retrieve her father's belongings, or list his half million dollar home for sale.

After withdrawing funds from Olvera's trust at Wells Fargo Bank to pay attorneys in a failed effort to force Olvera to return to Nevada, and to have Schultz' arrest warrant honored in California, Shafer and his associates sued Schultz for defamation alleging without evidence that she authored numerous "Ripoff Reports" on the Internet that damaged his and his associate's reputations.

However, their lawsuit fails to accurately identify the name or names of the actual Ripoff Report authors, but without any proof accuses Schultz of being the sole person responsible.

(LINK to Shafer's lawsuit).
 
Once the lawsuit became public, the actual authors of the Ripoff Reports identified themselves to INSIDE VEGAS. They requested their names be withheld under the Nevada Reporter's Shield Law, the strongest in the nation. The authors emphasized they do not know Rebecca Schultz, nor did they author the posts at her behest. They said they had bad experiences with Shafer, et. al., wanted to tell their stories, and Ripoff Report allowed them to do so.
 
Sources close to this case believe Shafer's lawsuit against Schultz is intended to warn his remaining "ward's" family members to not follow Schultz' example and terminate him as guardian.
 
Based on the arrest warrant and a faulty service of papers, Schultz was not present at a February 21, 2013 preliminary hearing in the libel case. She later proved she was never served with notice of the hearing.
 
Her absence resulted in Shafer obtaining a Default Judgment. After being informed by a newspaper reporter of the court's action, Schultz asked that the judgment be set aside, but Shafer protested and filed a motion to let it stand. A hearing was held on August 15, and Clark County District Court Judge Joanna Kishner agreed with Schultz' attorney Brian Boggess that "disputed matters should be resolved on their merits," and that Schultz had not properly been served, then set aside the default judgment.
 
After losing his motion, Shafer's attorney Ross Evans laid his client's cards on the table telling the court he wants to open discovery immediately so he can "subpoena the website operator."
 
Evidently, Evans was not aware the U.S. Seventh Court of Appeals ruled on December 28, 2011 that Ripoff Report "enjoys complete immunity from any action brought against it as a result of the postings of third party users of its website," i.e., the website operator does not have to identify the third party authors who post disparaging remarks.
 
INSIDE VEGAS has also learned that after 90 days of no logins to Ripoff Report, all records of login account holders are automatically purged from the system thus making it impossible for the offshore website to provide identification of any of the authors of its postings. All postings about Shafer and his crew ceased over 90 days ago, so their records are no longer available per the website's policy.

It will interesting to see if Shafer and his associates legally pursue the website operator to try to prove Schultz authored the posts. Without the Ripoff website's cooperation, something that has never occurred in the past, Shafer's lawsuit appears to be dead in the water, and because he was terminated, he can no longer withdraw funds from Mr. Olvera's trust to pay his expensive lawyer friends to continue harassing Schultz -- he'll have to pay lawyers from his own funds.

Succeeding in saving her father's life, Rebecca Schultz is eager to express her feelings about this form of elder abuse. She bravely stopped a scam that would have drained the majority of her father's hard earned assets, and kept him confined in a Nevada rest home without family or friends until he died had Shafer been allowed to continue his siege of Olvera's person and assets using his often stated "exploiters" and "unfit" tags to describe any family member who objects to his total control of their elder.

Since Jared E. Shafer refused to provide his side of this story following several INSIDE VEGAS requests, Ms. Schultz will have the final word in hope her observations and personal opinions will inspire other families to not fall into the same guardianship trap she fell into during her father's darkest hours after the death of his wife in a strange town far away from loved ones:

"August 21st, 2013, was a beautiful day. After a grueling 3 years and 9 months in the captivity of an abusive judicial system sponsored by the Clark County Family Court and one ethically challenged guardian Jared E. Shafer, my father, an honored WW2 veteran, was finally set free.   

This former public guardian went out of his way to remove all my father's rights, his dignity and his hard earned assets. Shafer and his team of attorneys and associates blatantly lied about my father and his family through documents, reports and statements submitted to the Clark County Family Court.  

While clinging tenaciously to my father's estate like a ravenous leech, this so-called protector drained over $300,000.00 from my father's family trust.  Jared Shafer caused nearly all of my father's life savings to be spent on his attorneys and other associates to prevent my father and his family from terminating his fraudulently obtained guardianship. Against all odds, I succeeded in terminating this judicial travesty in both Nevada and California.

Shafer's response was to launch a SLAPP suit (strategic lawsuit against public participation) against me with no evidence based on the principle you can sue anyone for anything.  This action was easy for Shafer because his abuse of power allowed him to act like a kid in a candy store to use my father's money to fight my dad and his family.

My father reestablished his residence in California in 2010, enabling him to again receive his monthly income from Social Security, the VA, and two carpenter trusts which had been under the control of Shafer.  My father's money was all earned in California, and when he again established his California residency, he was and had always been the rightful recipient, though Shafer had re-directed all my dad's checks to his PFSN, Inc. office in Las Vegas.

When Shafer learned I had moved my dad to California he went ballistic deciding to fight to keep my father's two California carpenter pension trusts coming to Nevada for his use in paying attorneys to fight my family. This caused the Carpenter's Pension Trust to file a federal interpleader in California to determine who should receive my father's money.

Jared Shafer used thousands of dollars from my father's accounts to pay for his own defense against the Carpenter's Trust, but did not secure or pay for an attorney for my father! And he has the nerve to call himself a guardian? This behavior is only one example of Shafer's breach of fiduciary duty and his persistent abuse of power. I pray for the day when he is made accountable for his failure to protect and provide for my father.

After a very long, expensive and rancorous court battle, Shafer agreed to terminate his control over my father's person and fortune in Nevada, but only after forcing us into creating a conservatorship (guardianship) in California. However, his terms required my father have a professional fiduciary take control of his estate, a move which cost my father thousands more in attorney fees as well as for unneeded fiduciary services. Naturally, Shafer attempted to pick and control the new fiduciary in California, but his efforts failed due to an open and honest court system?something that doesn't seem to exist in Commissioner Jon Norheim's Las Vegas family court.

Shafer was not happy he had to finally let go, and that only happened because our California attorney, Kathy Brewington, forced Wells Fargo to step down as trustee, and that ended their cooperation with Shafer. Once the draining of my father's money stopped from my dad's trust account at Wells Fargo, Shafer's spending of my father's funds came to an abrupt end.  Angered by these developments, he and his attorneys managed to continue to bill for thousands in fees which needed to be paid by our California fiduciary from dad's trust, under a Nevada court order.

Our latest victory is based on California recognizing that my father was never incompetent as Shafer kept insisting to the Las Vegas family court. California also recognized that my husband and I are decent loving children, always having acted in the best interest of my father, contrary to Shafer's ridiculous claims that we kidnapped my dad and we were holding him hostage. Several evaluations in California by highly qualified medical professionals, including the Veterans Administration, were conducted on my father and all deemed him competent, yet Shafer blatantly stated he would not accept a California evaluation ? apparently in Nevada he must control the doctor's reports as we learned when Dr. Melissa Piasecki billed my father $2100 for 50 minutes and gave Shafer a report that my father was incompetent. Shafer's conduct indicates Guardianship Commissioner Norheim's family court will accept any statement made by anyone working with Shafer if it will benefit Shafer. This is a very sad commentary on Las Vegas with respect to the welfare of seniors in that city. My father said he felt like a prisoner in his Henderson home when Shafer had control of him.

I strongly believe we are the first family to terminate a Las Vegas court sponsored abusive guardianship under Jared Shafer's control.  We followed up by also terminating his forced California conservatorship.  So Shafer will never use my father's money again for his own greedy purposes. In spite of Jared Shafer and his cronies in the LV family court, my father is now a FREE citizen with his constitutional rights completely restored.

Currently we must work hard toward repairing the damage against my father perpetrated by Shafer and his associates. Shafer's team aided him in squandering dad's estate and violating his civil rights. Shafer is livid about our court victories, so he retaliated by filing the stupid libel suit against me based upon no evidence and accusing me of statements I never made.  It doesn't bother his attorneys that there's nothing linking me to any slander or libel filed online regarding Shafer and his team. The complaint reads like one long redundant elementary school social studies report. I shudder when I think of the valuable court time wasted by such dribble. Their second filing is equally redundant and equally as stupid as the first. I believe it was submitted for the purpose of making our family spend more money.

Unlike Shafer and his plaintiffs, who all have unclean hands, I  have EVIDENCE of his wrong doing including documents indicating duplicate/triplicate billings, missing insurance settlement funds, commingling of my father's money with other ward's personal funds and associate's funds, and much, much more. But the best evidence is our California Superior Court Judge's orders of termination which completely substantiated that what Nevada's family court and Shafer did to my father was not justified, and most probably illegal. If I were Jared Shafer and his associates, I'd be thinking very seriously about their future." - Rebecca Schultz

MORE INFORMATION: http://www.americanmafia.com/Inside_Vegas/7-29-13_Inside_Vegas.html