Archive for the ‘Great Escapes’ Category

Against All Odds – Congratulations Guadalupe Olvera!

September 8, 2013

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.’

Jared Shafer

Full Article and Source:
Daughter of WW2 Vet Succeeds in Terminating Jared E. Shafer’s Nevada guardianship and a California Conservatorship Dictated by Shafer

See Also:
NASGA:  Lupe Olvera
Marcy Dudek

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Lillie Scalia Gets to go Home After Two Years Forced Out of Her Home and Confined in a Facility by the Santa Clara County Public Guardian

November 26, 2012

An ABC7 News I-Team investigation uncovered a Bay Area county violating a federal regulation. Now, the county is changing policy and moving a woman back into her home. The I-Team’s Dan Noyes has the results of his investigation.

Source:
I-Team Investigation Prompts Policy Change in Santa Clara County

See Also:
ABC News I-Team Investigates Santa Clara County Public Guardian

Santa Clara County Public Guardian Under Fire for Isolating Elderly

Guardianship release sparks celebration/desperation on Macomb Daily Facebook page

October 25, 2012

Reaction to Macomb Daily court reporter, Jameson Cook’s story about a retired chiropractor’s escape from guardianship on the Macomb Daily website was swift and celebratory but also rift with examples of guardianship abuse throughout the country amidst our society’s most vulnerable.

“Good to hear that Mr. Chism has regained his freedom as a result of ‘clear and convincing evidence,’ to make his decisions to his life as he chooses!” wrote Joe Roubicek
 
Moments after his guardianship was lifted, James Chism, 75, of Clinton Township, a long-time Macomb County chiropractor, smiled as he walked out of Macomb Probate Court in Mount Clemens – but declined comment.
  
“He’s made remarkable progress,” said his attorney, Patricia Patterson-Courie. “He’s got his driver’s license. He’s passed all of the tests.”
According to Marty Prehn, a national elder advocate and NASAGA member, he was contacted by producers of the Dr. Phil show, interested in covering the story.
 
“What isn’t debatable any longer is the reason for the guardianship, advanced dementia was not accurate,” wrote Sylvia Rudek. “The misinformation in guardianships is common and takes too long to get the true facts presented to the court…. The family has no standing to sue for elder abuse until the victim dies. Where is the civil court system in providing protection to the elder victim? It is all about billable hours.”
 
“It is not about billable hours it is all about FRAUD, Deprivations of Rights under the Color of Law, Consipracy against Rights, and violations to the 14th Amendment of the U.S. Constitution,” said Debby-Texas, Advocate. “A person under a guardianship loses all rights, equal protections under the law under the presumption of incapacitation without ‘clear and convincing evidence’.”

Full Article and Source:
Guardianship release sparks celebration/desperation on Macomb Daily Facebook page