The Pitfalls of Guardianship

A Guardian: a defender, protector, or keeper.

synonym:  protector, defender, preserver, custodian, warden, guard, keeper,
conservator, curator, caretaker, steward, trustee

Rana Goodman,
Political Editor

I have long been an advocate for seniors and avidly read documents sent to me by others with similar goals. An associate, Steve Miller, who is well known in our city, has been publishing some alarming stories on-line regarding the pitfalls of guardianship.

I subscribed to Steve’s on-line newsletter, and over the last few months have sent him numerous emails and questions about this issue - all of which he responded to quickly.

As I am gearing up for the 2015 legislative session, I wanted to let our readers know what I have found. The Vegas Voice wants to know if YOU are as alarmed as I am.

Let me present the case of one man that was a resident of my own Sun City community - Guadalupe Olvera. Mr. Olvera’s wife passed away in 2009 and at that time he was 90 years of age and fully in control of his faculties.

His home was very large and fully paid for, his bank account flush, but with his dear wife gone, what was missing was family. So rather than rattle around in a large empty house, his only child, Becky, decided to move him to California to live with her.


Becky and Lupe

When Becky arrived in Henderson and went to see her grief stricken father, he was not home, which caused her to call the Guardianship Commissioner’s office for assistance because her mother had been “guardian of person” only due to her father’s physical disabilities. Commissioner Norheim’s office gave her the unlisted home number of Jared Shafer, the guardian into whose hands her father’s affairs had been placed, to “help” her find her father. There was however a “large fly in the ointment” You would think that would be no problem if his adult daughter was voluntarily taking him with her, wouldn’t you? Unfortunately, now that Jared Shafer had hold of this, you would be wrong. Releasing Mr. Olvera into the hands of his daughter and relinquishing guardianship would also mean the loss of potential substantial billings, as the end of the tail has proven.

However, Shafer knew the law in our state was on his side, since according to the Nevada Revised Statute 159.059, a relative living outside of the state does not qualify for guardianship. Jared Shafer is a professional guardian. (Google him - I dare you).

Mr. Olvera and his daughter were adamant that they wanted to be together and he had every right to live wherever he wished. Becky then took her father to her California residence.

Jared Shafer filed a bench warrant for contempt of court against Becky, telling everyone it was for “kidnapping”. To make a long story short, Mr. Olvera was forced into a conservatorship in CA as terms for Jared Shafer to terminate the NV guardianship. Becky managed to also have the CA conservatorship also terminated.

However, it took four long years, in which time, according to Becky, her father’s trust account and CA bank account were raided for a total of over $420,000, mostly in legal fees going to Shafer’s attorneys.

She has now filed suit against Shafer to recover what she can for the estate. Additionally, Becky and four other families, who have been victimized by this guardian “scam” will accompany me to testify for revising the law to allow non-Nevada residents family members to qualify as guardians.

Source:
The Vegas Voice:  The Pitfalls of Guardianship