Jared
Shafer's Cronies Elyse Tyrell And William Voy
Appointed To Nevada State
Panel To Oversee
Guardianship Abuse Cases
Involving Shafer
After accepting
a $3,700 retainer and obtaining confidential information,
Elyse Tyrell
told her client, "I represent Jared E. Shafer as
your father's
guardian and I do not represent you."
+
.
= 
Attorney Elyse Tyrell
Family Court Judge William Voy
"Guardian" Jared Shafer
INSIDE VEGAS by Steve Miller
AmericanMafia.com
July 6, 2015
LAS VEGAS - On June 28, 2015, the Las
Vegas Review-Journal reported
that the Nevada Supreme Court named 23 people to a panel aimed at reforming
and improving the state's extremely troubled guardianship system.
Most of those appointed were not involved
in the creation of the problems sought to be remedied by the panel, but
unfortunately, at least three of those appointed were definitely part of
problem.
The person who stands out most on the new
panel is Las Vegas guardianship attorney Elyse Tyrell of the firm Trent,
Tyrell & Associates
Tyrell's name has surfaced several times
in INSIDE VEGAS stories about the Las Vegas guardianship scam.
Tyrell was appointed Successor Trustee
to Shafer's "ward," cerebral palsy victim Jason Hanson, who was mentally
competent and did not need to be in guardianship. While she looked the
other way, or just didn't care, the 24 year old lost his house and inheritance
when they were converted with Family Court approval into for-hire guardian
Jared Shafer's use. (Click HERE
to view Jason's story in his own words.)
Then there's this according to one of Tyrell's
former clients, Rebecca Schultz; "My mother had
been ill advised by someone (we suspect Wells Fargo Bank Trust Department,
or estate planning attorney John Dawson) to make herself guardian over
my father's person only. My father was not mentally incompetent, he only
had physical disabilities. He had recently been deemed competent to make
changes to their estate plans by Dr. Louise Sherk, MD, board certified
in Psychiatry.
We were notified
by a neighbor that mom died. We flew to Henderson to see my then-93 year
old father. He was not home, nor did he answer the phone for nearly three
days. In a panic, I was advised to call Guardianship Commissioner
Jon Norheim’s office.
I told Norheim’s
office that I learned my father was being hidden from me by an exploiter/receptionist
who worked part time at Sun City Anthem Community Center. She had heard
I was coming down to see my father and figured she could take over his
estate if she could hide him from me.
Norheim’s office
gave me the unlisted home number of Jared Shafer, telling me he is a professional
who can help me. At this point in time, I was innocent and knew nothing
of the corrupt guardianship court system, or who Norheim, Jared Shafer,
or Elyse Tyrell were.
I called Shafer,
he was a bit rude telling me I've called his home and to call him at his
office in the morning. The next morning I called him back and he set an
appointment for me to meet with Tyrell, who he assured me would help find
my father.
We met with Tyrell
who had me sign a legal agreement naming me as “guardian” for my father.
I paid her $3,700 with a credit card.
Tyrell shoved
papers at me telling me that if I name Shafer as temporary guardian, he
will find my father, get rid of the exploiter, and in no time I can be
guardian and bring my father back to California. She told me Shafer will
be “more than happy” to hand over the guardianship within a short time.
It turned out
Tyrell had checked the box that also said “estate,” and once Shafer was
“temporary” guardian of my father's person and sizable assets, she told
me “I don't work for you, I work for Jared.” Keep in mind when I
met with Tyrell, I was innocent of this system, and I was in a state of
extreme distress. I was crying, sleep deprived, grieving over my mother's
death, and traumatized that I couldn't find my father. My eyes were so
welled up with tears I couldn't even read the paper she had me sign making
Shafer temporary guardian. I was so upset and confused I didn't even realize
our legal agreement had stated I was to be guardian, and here she flipped
it to Shafer, stating afterwards, “You don't have any rights in Nevada.
You're not a resident.” (Editor's
note: The Nevada resident law has since been changed.)
Appalled, I did
a search on Shafer and found he had a seedy background. When I protested
his being guardian, Tyrell said, “You're more than welcome to hire an attorney
and petition for guardianship.” And here I thought she was supposed to
me my attorney. After all, I paid her $3,700!
Eventually, we
hired legitimate attorneys, one of them being Brian Boggess, who called
Tyrell on her horrible behavior and she had to remove herself for conflict
of interest during the next hearing, which was July 13, 2013. She was very
upset about this. But then she and Shafer brought in Solomon Dwiggins &
Freer to be Shafer’s attorneys, and they turned out to be even more rotten
then Tyrell, eventually billing my father over $110,000, and in the end
costing my father nearly half a million dollars."
Schultz' nightmare started on November
13, 2009 when Elyse Tyrell signed an agreement indicating she would perform
"legal services necessary in the administration and resolution" of the
guardianship of Guadalupe Olvera. Shafer had not yet been appointed
Olvera's guardian, so Rebecca Schultz had high hopes that she could legally
care for her father with a co-petitioner who is a Nevada resident, then
abide by his wish to move back to Santa Cruz, California to spend his remaining
years with his daughter, son in law, and grandchildren. Unfortunately,
Shafer and Tyrell had a different plan for where Olvera would spend his
final years.
Unbeknownst to Schultz, Tyrell also represented
Jared Shafer from the day Schultz hired her in Nov. 2009, until the day
Tyrell removed herself on July 13, 2010. During those nine months, Tyrell
racked up over $15,000 in fees that were later family court ordered to
be paid by the Olvera trust. Alan Freer took over as Shafer's attorney
on July 13, 2010, and racked up over $110,000 in additional fees
by the time Shafer's faux guardianship of Olvera was legally terminated.
Here is Tyrell's Legal Services Agreement
with Rebecca Schultz:
On July 12, 2010, Rebecca Schultz' new
attorney Brian Boggess wrote a demand letter to Tyrell asking her to resign
as the Olvera family's attorney. He wrote the letter after it was discovered
that Tyrell was co-representing Shafer in his effort to gain permanent
guardianship over Mr. Olvera at the same time Schultz' was attempting to
free her father of being in any forced guardianship program.
Upon receiving Boggess' letter, Tyrell
resigned the next day during a hearing in Family Court Judge Charles Hoskin’s
courtroom (Hearing Master Jon Norheim worked under Hoskin's supervision.)
Tyrell was never called to task for her
obvious conflict of interest - though there are rumors that a complaint
is in the works with the Nevada Bar Association.
Then there's this!
On May 21, 2010, three months after refunding
Schultz' $3,700 deposit, Tyrell billed Shafer's Professional Fiduciary
Services, P.O. Box 50790, Henderson, NV, $3,700 which he immediately paid
her from the Guardianship of Guadalupe Olvera Trust account with the court's,
and Wells Fargo Bank Trust Department's approval.
I wonder why Tyrell accepted the $3,700
retainer from Olvera in the first place, returned it, then
re-billed Schultz' father's estate for the same amount
for her purported services to gain "uncontested
temporary and general guardianship" for Rebecca while co-representing
Shafer? And I can't help but also ask whether her entire representation
of Schultz was just a ruse so she could gain confidential information to
aid her
real client, Jared Shafer, in his quest to bilk Mr. Olvera
of every cent of his fortune?
I believe that this kind of tomfoolery
certainly should be enough to disqualify Elyse Tyrell from sitting on any
kind of panel that oversees the antics of for-hire guardians, and the terrible
attorneys (including her) that help them to exploit the elderly and disabled.
Tyrell filed the following Petition with
the Family Court to get her $3,700 back plus additional fees. It looks
SO hypocritical......
And, of course, Judge Hoskin and Hearing
Master Norheim granted her Petition - in Mr. Olvera's absence - without
ever questioning the validity of the charges - something they are well
known for doing.
According to Rebecca Schultz, Tyrell billed
and received $15,258.87, without Mr. Olvera's approval, from the Olvera
Trust at Wells Fargo Bank Trust Department, while she was also representing
Jared E. Shafer who wanted to keep Olvera confined in Nevada against his
and his family's wishes.
With possible help from the confidential
information Tyrell gleaned from Olvera's family during the short time she
was their lawyer, over the next four years, her client Shafer was responsible
for the bleeding of well over $430,000 from Olvera's trust account.
Here is part of the letter Schultz' new
attorney Brian Boggess sent to Tyrell:
"Dear Elyse:
On November 13, 2009, Rebecca
L. Schultz met with and retained you for the express purpose of obtaining
an “uncontested appointment as Guardian . . .” for Guadalupe
Olvera, in which Ms. Schultz was to be named the Guardian. Both Ms. Schultz
and you signed the Legal Services Agreement which you had prepared.
You
met with Ms. Schultz, and obtained confidential information from her, in
the form of verbal communication, documents and other information. You
received the sum of $3,700.00 on the same date.
Thereafter, I am informed that
you terminated your representation of Ms. Schultz and commenced representation
of Jared Shafer, who was appointed temporary and then general Guardian
for Mr. Olvera. Since then, you have
represented Mr. Shafer in his attempts to hold on to the appointment as
Guardian over Mr. Olvera, even though your former client, Ms. Schultz,
is seeking to be so appointed. Your
representation of Mr. Shafer is directly adverse to Ms. Schultz
and her Co-Petitioner, Ms. Carney.
I trust you are familiar with the law in this regard.
In 2006, Nevada Supreme Court Rule 159 was replaced by Nevada Rule of Professional
Conduct 1.9. Rule 1.9(a) provides that: A lawyer who has formerly represented
a client in a matter shall not thereafter represent another person in the
same or a substantially related matter in which that person's interests
are materially adverse to the interests of the former client unless the
former client gives informed consent, confirmed in writing.
Ms. Schultz has never provided
you informed consent, in writing, to represent Mr. Shafer in proceedings
which are directly adverse to her. Your continued representation of Mr.
Shafer, in this matter, is a conflict of interest which has harmed Ms.
Schultz and Ms. Carney.
Your
current representation of Mr. Shafer has created a direct conflict of interest
with your prior client, Ms. Schultz, and her Co-Petitioners,
Ms. Carney. You must terminate that representation
immediately, and withdraw from the case.
Again, I am certain
that this is just an oversight on your part and that you will correct the
conflict upon receipt of this letter."
The day after receiving Boggess' letter,
Tyrell reluctantly resigned from the Olvera case during a court hearing.
She also ceased her co-representation of Shafer.
During
the years during and following Tyrell's involvement with Mr. Olvera's case,
Jared Shafer bled the Olvera trust of over $430,000. Shafer's guardianship
was eventually terminated after a California conservatorship was put into
place per Shafer’s “demand.” Shortly afterwards, a California
Superior Court judge terminated the conservatorship when it was legally
determined that Guadalupe Olvera (pictured with daughter Rebecca just after
his release from Shafer's custody) was always of sound mind, and should
never have been placed into guardianship after the death of his wife.
Mr. Olvera's family is presently suing
Jared Shafer, several of his collaborators, and Wells Fargo Bank Trust
Department for civil racketeering in U.S. Federal Court.
Unfortunately, the Nevada guardianship
oversight panel will include several other people who have also been accused
of being part of the basis of this serious problem. The other suspect panelists
are Julie Arnold of the Southern Nevada
Senior Law Program, a quasi-non profit that's supposed to help seniors,
not some select group of for-hire private guardians with
prime political connections. Arnold has consistently been accused
of supporting crooked for-hire guardians in the face of abuse claims by
guardianship victims and their families.
Another suspect panelist is Clark County
Family Court Judge William Voy. I wrote extensively about Voy in the INSIDE
VEGAS column of June 15, 2015, in the section entitled "The Story Of
Anna Marie Gaule."
Judge Voy's documented favoritism toward
the guardian in that sad story should disqualify him from serving on a
panel that is entrusted to oversee guardian abuse and exploitation.
I sincerely wish the legitimate
people on the guardianship panel success in their stated quest to clean
up the cesspool at Clark County Family Court. However, I offer fair warning
that certain members of the panel may present false testimony to protect
their cronies in the guardianship racket.
MORE INFORMATION on JARED SHAFER:
http://www.stevemiller4lasvegas.com/ShaferFinancialRecords2.html
RECENT AmericanMafia.com INSIDE VEGAS columns on this subject:
http://www.americanmafia.com/Inside_Vegas/5-25-15_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/4-27-15_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/4-13-15_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/3-9-15_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/8-11-14_Inside_Vegas.html
The National Association to Stop Guardian Abuse:
http://stopguardianabuse.org/L.O.htm
