|Office of the Nevada Attorney General
555 E. Washington Avenue, Suite #3900
Las Vegas, NV 89101
December 3, 2011
Re: Jared E. Shafer, Professional Fiduciary Services of Nevada
-Report of Guardian Abuse
Dear Catherine Cortez Masto,
I wish to request the State of Nevada file a series of criminal complaints against Jared E. Shafer of Professional Fiduciary Services of Nevada for several violations of Nevada NRS provisions. These include: NRS 160 Veterans Guardianship Uniform Act in violation of having over five wards, violation of NRS Chapter 199 Crimes against Public Justice for preventing my father from attending hearings, failure to terminate a guardianship when his ward moved out of the state, failure to provide my father an attorney as required by your state law, verbal assault by making threats, fraudulent double billing and more. There should also be an investigation of his attorney, Alan D. Freer, for malicious billing against my father. A copy of this letter is being posted on the nonprofit website, National Association to Stop Guardian Abuse. Please take the time to read the facts as stated in this complaint. I’m filing this document on behalf of my father, a widowed 92 yr old WW2 veteran of the U.S. Army and Air Force.
I have not attempted to contact you sooner because Mr. Shafer, former public guardian for Clark County, warned me that it wouldn’t do any good to write to you because your father was one of his best friends and he guaranteed you would take no action. However, after reading your website, I decided that in the best interest of my father I should contact you because I believe you are the only person in Nevada who can stop Mr. Shafer’s exploitation and abuse of my 92 year old widowed father.
My mother insisted she and father move to Nevada in 2002 after a lifetime in California. Because of the early death of my brother, mom, overcome by her grief, had my father deemed incompetent by a man who was not a licensed medical doctor, which resulted in her becoming dad’s guardian. The guardianship was strictly OVER HIS PERSON. Our family knew my father was competent and we have a total of 9 evaluations from doctors in Nevada and California as well as the Department of Veterans Affairs stating my father is legally competent. A Nevada M.D. stated in her 2007 report that in her opinion no guardianship was needed. Commissioner Norheim, Mr. Shafer and attorneys Elyse Tyrell and Alan Freer arbitrarily decided it would be to their advantage to ignore all of this documentation. Mr. Shafer refuses to accept any professional opinion unless it comes from a Nevada M.D. of his choice. Shafer has stated he controls what the doctors write and requested that I not obtain any more reports. In fact, I have a report from a California M.D. issued one month ago stating my father is fully competent. We have a very interesting situation, if my father is tested in California he is competent, but when he crosses the border into Nevada he is incompetent. As you can see this set of circumstances is very harmful to my father. How would you feel if someone you loved had to live with this horrible situation? My father lives and breathes this anxiety every day of his life. Mr. Shafer has told many victim families, “I write the reports and the doctors sign them. If these doctors want to work in this state they do what I tell them.” I will supply names and telephone numbers of others who can back up this statement.
After my mother’s death in November of 2009, I traveled to Henderson Nevada to visit my father, only to find he was removed from his home by an exploiter who used his state of grief to take advantage of him. This exploiter was Cathy Elliot Richardson, a receptionist at Sun City Anthem’s community center. I contacted the Clark County Guardianship Commissioner’s office. A woman gave me Mr. Shafer’s home phone number and told me he would help me. I had no idea the extent of lies and corruption that would be set my family by making that call to Mr. Shafer. Mr. Shafer told me I needed an attorney and sent me to Elyse Tyrell who later had to resign from my case because she was representing Jared Shafer at the same time she was representing me. Commissioner Jon Norheim called Tyrell’s actions a clear conflict of interest. Tyrell said when she began representing me that Mr. Shafer could rescue my father from the exploiter and he would be more than happy to turn the guardianship over to me once things were settled and my father could then return to California to be with his family, which she stated in Commissioner Norheim’s court. Everything I was told by Elyse Tyrell turned out to be a lie. Tyrell said at the beginning of her representation that I could be co-guardian but later she changed her story and told me that Mr. Shafer will never work under a co-guardianship and that if I wanted to be guardian I would have to hire ANOTHER attorney.
When I petitioned for guardianship, Mr. Shafer, using Tyrell, began to fight me. Tyrell later was forced to withdraw from the case because of her conflict of interest concerning Mr. Shafer, which I mentioned above. Our relationship ended when Mr. Shafer took over father’s person and estate. Tyrell informed me I had NO rights and she was working for Jared Shafer. Tyrell’s representations were made while I was still her client. Please understand I have the ability to articulate the crimes, which have been committed against my father. Many families I’ve spoken with are afraid to come forward. This letter to you is only the beginning. I have kept every email from Tyrell and we have the hearing video of her acknowledging her conflict of interest and stepping down in court. This should be filed as an additional complaint against Tyrell. Unfortunately, Mr. Alan Freer took over and he picked up where Tyrell left off. Mr. Freer has been the author of many lies including submitted a false report to California law enforcement stating a felony arrest warrant was issued against me. In reality, it is a bench warrant for not appearing in court.
During the first conversation I had with Mr. Shafer he assured me he would remain guardian only on a TEMPORARY basis, just as Tyrell had said. He actually said, “It shouldn’t be more than 3 months, maybe 6 months. I don’t like hanging on to cases like this.” During that first encounter Mr. Shafer also stated, “I don’t even have to show up in court, the judges always give me what I want.” I have placed this statement in an affidavit and submitted it to Commissioner Norheim who ignored this along with ALL other important evidence. Three months after making these statements, Mr. Shafer made it VERY clear he was NEVER going to let the guardianship out of his control and that Jon Norheim would give him whatever he wanted.
Our attorneys told the court that one of the reasons Mr. Shafer should not be guardian was the fact that he took over guardianship in direct violation of NRS Chapter 160, which is the Veterans’ Guardianship Uniform Act. This section states guardians operating in Nevada with a veteran as a ward shall have no more than five wards. Mr. Shafer has at least 12 or more wards under his control at any given time and some are veterans. This information was obtained from Clark county records. I will cite the Chapter 160 provision below:
|Chapter 160-Veterans’ Guardianship (Uniform Act) NRS 160.040 Limitation on number of wards; exceptions.
1. Except as otherwise provided in this section, it is unlawful for any person to accept appointment as guardian of any ward if the proposed guardian is at that time acting as guardian for five wards.
As you will discover, Mr. Shafer at the time of his guardianship appointment over my father had more than 5 wards and he knew and discussed with me about my father being a veteran. Even if this statute has been recently amended to 10 wards, Mr. Shafer is still in violation. We have the transcript and the hearing video of Commissioner Norheim REFUSING to follow this statute because as he stated, “After all, how could the guardians earn a living if they were limited to a number of wards?” This is an outrage for a judge to favor the career of any guardian rather than protect the veteran by blatantly violating a Nevada statute. This was proof of Mr. Shafer’s statement of having influence over Commissioner Norheim.
During this Chapter 160 hearing my father told the court he was going to California and no one was going to stop him. The court ignored him, Mr. Freer laughed openly at him. My father has no reason to remain in Nevada after the death of his wife; he has no other family or friends in Nevada. I am his only living child. He does not want to be alone in Nevada. He came back to California with my husband and me after this hearing where his rights were violated and he was laughed at by Alan Freer and Jared Shafer. My father has been a resident and citizen of California for 14 months. He has a California ID. The VA not only acknowledges his California residency but also his competency and their doctors state he REQUIRES NO FIDUCIARY. He receives all his VA benefits here in California due to his physical disabilities. Mr. Shafer said he plans to starve my father into returning to Nevada. The VA is on the alert in the event Mr. Shafer tries to interfere with my father’s VA benefits again.
When my father returned to California, he was able to receive his carpenter’s pensions and Social Security again. But Mr. Shafer’s attorney, Mr. Freer, lied about me and my father to Social Security, the VA and the carpenter pension trusts. He said my father was incompetent, not true. He said I had an arrest warrant for felony kidnapping, not true. He said that I was receiving my father’s Social Security and carpenter monies, not true. Because of these lies to the carpenter’s trust, Mr. Freer is directly responsible for creating a federal interpleader case in L.A., which named my father, Mr. Shafer and myself as defendants. Again my father worries about this daily. This has created significant stress upon my father who asks me when Mr. Shafer will leave him alone. Mr. Shafer said he would do what he can to cost my father more money.
An additional $10,000 has been billed against my father due to Mr. Shafer’s actions. Mr. Shafer has said he will use my father’s money until nothing is left. Another example of Mr. Shafer’s conduct was the removal of $12,000 from my father’s trust to pay an attorney in our county who did nothing but try to enforce a bench warrant. The warrant was never transferred, which was a needless waste of money. This is a travesty of massive guardian abuse.
Mr. Shafer froze my father’s Wells Fargo checking account when he moved to California. Eve Mills, who represents Wells Fargo for the Trust, is allowing Mr. Shafer to over bill and double bill the estate. Ms. Mills has also provided false statements about me to the court. This is interesting since she told after my mother’s death, she told me “I’m here to protect your parent’s trust.” She has not done this. Our attorneys have filed complaints to Wells Fargo Corporate and Comptroller of Currency. Mills accused me of being responsible for my father’s depleted trust funds because “Mr. Shafer has to defend himself.” My father has no access to his Wells Fargo accounts, his Social Security or his carpenter pensions. This is Mr. Shafer’s attempt to “starve out” my father and steal from him.
Mr. Shafer has refused to account for a year’s worth of Social Security and carpenter pension funds that he received on my father’s behalf. These funds DID NOT go into my father’s trust or checking account. Mr. Shafer has double billed for the Grunsky Law Firm in California. This payment has been approved and paid by Eve Mills from the trust, yet Mr. Shafer recently submitted the billing to the court as if this had not been paid. Despite my father’s attorney filing an opposition to these payments, Jon Norheim granted Shafer’s petition for double billing and bogus billing. Norheim AGAIN did what Shafer told him to do.
Even though my father has been in California for 14 months, Mr. Shafer is still inflicting phony billing for his assistant guardian, Patience Bristol, who used to visit my father 3, maybe 4 times a month. My father has not been in Nevada for over a year so why was Patience Bristol paid $1,600 from my father’s trust recently as well as other previous payments? Mr. Shafer uses Patience Bristol as a “front person”. She told me this at my father’s home. To our great shock we learned Miss Bristol attempted to get the VA to allow her to have an agency Mr. Shafer was affiliated with give my father injections in his home. The VA absolutely refused Miss Bristol’s request. We have read online reports about Miss Bristol injecting wards that later die. Shafer had Patience send a text message to my father’s caregiver before one of my father’s hearings. The text said, “You are NOT to bring Lupe to court.” This is a violation of NRS Chapter 199 –Crimes against Public Justice :
|NRS 199.230 Preventing or dissuading person from testifying and producing evidence. A person who, by persuasion, force, threat, intimidation, deception or otherwise, and with the intent to obstruct the course of justice, prevents or attempts to prevent another person from appearing before any court, or person authorized to subpoena witnesses, as a witness in any action, investigation or other official proceeding, or causes or induces another person to be absent from such a proceeding or evade the process which requires the person to appear as a witness to testify or produce a record, document or other object, shall be punished:
There is no logical reason why this guardianship should be allowed to continue. Mr. Shafer states he is protecting my father from me. This is what he tells ALL the victims families I’ve spoken with who want to care for their loved ones. I respectfully ask you to protect my father from Mr. Shafer. He is the exploiter and lawbreaker, backed up by a flawed color of authority through Commissioner Jon Norheim. Mr. Shafer states he does everything in the best interest of my father but in reality it is in his best interest. How is it in the best interest of a widowed 92 yr old World War II veteran to be forced to stay in Nevada with no friends or family after the death of his wife when he has a loving family and friends in California who want to care for him? How is it in my father’s best interest for Mr. Shafer to have billed my father’s estate over $7200 a month for a live in caregiver who was not a friend or family member when my father could have been living with family in California without that extravagant expense? How is it in my father’s best interest for Mr. Shafer to deplete my father’s trust from $466,000 to less than half of that value in less than 2 years? Jared Shafer uses my father as a cash cow to feed his needs and those of his attorneys and associates.
Jared Shafer and Jon Norheim have violated my father’s constitutional rights—never providing him with an attorney, preventing him from attending his own hearings, refusing his wishes to go back to California, having the Senior Citizen Law Project lie to the court about what my father said, denying him evidentiary hearings, providing no financial accounting for the excessive, bogus and double billings, violating NRS Chapters 160 and 199, threatening our friends, lying in documents, the list goes on and on. Commissioner Norheim does not read the documentation submitted to him; he has referred to my father as a woman, stated he was living in a facility, placed into the court record the wrong age for my father, and stated my father didn’t want to be with me. This has been the mantra of Commissioner Norheim, Jared Shafer and attorneys Alan Freer and Elyse Tyrell, that my father did not want to be with me, which is the biggest lie of all. We have several doctors who will testify to my father saying he wants to live with my husband and me. The incompetence demonstrated and the violations imposed upon my father by Commissioner Norheim is mind-boggling. A friend has submitted a report on Commissioner Jon Norheim to the Nevada Commission on Judicial Discipline.
Jared Shafer is backed by a group of enablers including, but not limited to: Elyse Tyrell, Alan Freer, and Patience Bristol. These individuals have assisted in this unwarranted abuse against my father. They have consistently distorted documents and facts to their advantage. They have dehumanized my father, an honored WW2 veteran of the U.S. Army and Air Force. We have reported Mr. Shafer and his activities to Social Security for fraud, requested his accountability, reported his activities to Medicare for bogus medical billings my father did not have with a clinic, reported his abuse to the Veteran’s Administration for exploitation dad’s benefits, reported him to the IRS for double billing and bogus billing, reported him to the US Attorney for violations of Social Security fraud and civil rights and reported this guardian to the FBI for all of the crimes committed against my father as written in this document. Contact with these federal agencies is ongoing.
You should know that we had very close friends who were assisting us with our legal battle. They stopped helping us because they say they were approached by someone who works for Jared Shafer and were told that if they didn’t back off very bad things might happen to them. Mr. Shafer has also threatened other people who fight his corrupt guardianships and I have witnesses to testify to this.
From what I understand, guardians who are granted authority over a ward’s estate are required by state law to file an annual accounting of the ward’s finances if the ward’s assets exceed $5,000, but Mr. Shafer has not done this and we demand a forensic accounting from a source not located in Nevada to do this. We have heard he NEVER submits accounting.
We have documents, videos, reports and many reputable witnesses available to you to support all of the allegations stated in this letter. We have followed all the rules, filed the correct documents, used several attorneys, but there is no justice or law in the Clark County Family Court in Las Vegas. There are many other victims of Jared Shafer and Commissioner Jon Norheim’s Kangaroo Court. The Internet has over 100 articles, Blogs and reports from various sites of Mr. Shafer’s abuses and their additional reports about his circle of enablers. Nevada is looking VERY bad. Something must be done to free my father and prevent further abuse to other seniors, veterans, and disabled people who live in Nevada.
If you are able to help my father, thousands, if not millions, of readers who are looking for hope in exposing this injustice to our seniors and other vulnerable citizens of our society, will read about your actions.
My father respectfully asks for your help by having this travesty of an unnecessary, exploitive and abusive guardianship terminated. Yes, ABUSIVE. My father is suffering from anger and depression from all this horrible injustice. If he were incompetent as Mr. Shafer claims, he would not be upset about Jared Shafer’s consistent abuse. We are NOT going away. This guardianship MUST be terminated.