Against all odds
Daughter of WW2 vet succeeds
Jared E. Shafer's Nevada
guardianship and a
dictated by Shafer
No one has ever terminated
a Shafer guardianship
without his consent - until
Mr. Olvera under cover of night and brought him to California...
to hold her father hostage -
Jared E. Shafer
condition having improved and stabilized in his new home
with his immediate family, and being able to manage his
financial affairs, the court orders termination of the
Superior Court Judge Paul M. Marigonda
Terminated "Guardian" Jared Shafer
Rebecca Schultz and dad safe at home in California
INSIDE VEGAS by Steve Miller
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.
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
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:
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.
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.
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
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