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 7-6-15
Inside Vegas - Steve Miller

Steve Miller is a former Las Vegas City Councilman. In 1991, the readers of the Las Vegas Review Journal voted him the "Most Effective Public Official" in Southern Nevada. Visit his website at: http://www.SteveMiller4LasVegas.com


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



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