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Steve Miller
My First Encounter
Guest Column
Robert Telles
Seeking Assistance for a Ward
In 1999, I received a visit from Thomas
Gaule, the son of Anna Marie Gaule, a wealthy
downtown property owner whom I had known
during my tenure at Las Vegas City Hall. Accompanying
Thomas was Ted Gunderson, a
former FBI agent.
Thomas asked if I would go with them to a
private rest home to see his mom. He explained
that his mother had been brutally beaten the
night before.
On the way, Thomas said his mom had been
made a ward of the court, that her bank accounts
were being drained and properties
transferred to the-then elected Clark County
Public Guardian Jared E. Shafer. Her mom and
Thomas had been making inquiries about her
finances before she sustained her injuries.
He wanted witnesses to testify in court the
following week about her abuse. I grabbed my
camera and we proceeded to the home.
We were greeted by a man who told us “No
visit! No visit!” when Thomas asked to see his
mom. Gunderson already had his foot in the
door and immediately wedged our way past
Victim Anna Marie Gaule
the man.
Thomas led us to Anna Marie’s bedroom
where we found her sitting in bed with two
black eyes and a broken nose. Though stricken
with Alzheimer’s and suffering from her injuries,
she warmly greeted her son and his guests.
I began shooting photos while the caretaker
yelled for us to leave. Thomas lifted his
mother’s robe and showed us bruises on
her legs. I asked if she had received medical
care.
Thomas said she hadn’t. I asked how
she sustained the injuries and Thomas
said he was informed she “fell out of
bed.”
The following week, Thomas acting as
his own attorney, appeared before Clark
County Family Court Judge William Voy
to ask that Shafer be removed as guardian
and let Thomas care for his mom in
one of her homes. He planned to show his
Guardian Certificate obtained from Shafer’s
office certifying Thomas graduated
from a $1,500 course taught by Shafer.
At the hearing were Shafer and his attorney
Gardner Jolly. While Gunderson and I
patiently waited to be called, Thomas pled his
case.
After three hours, Thomas emerged to inform
us that Judge Voy denied his request to allow
Gunderson and I to testify and show photos.
Additionally, Thomas was to be restricted
to only thirty minutes with his mom per visit.
He was also told that could not bring guests
nor take photos of her. Thomas then said Anna
Marie was going to be transferred to Pahrump
- over fifty miles away.
Shafer and Jolly emerged from the court
room. When they saw the three of us, they
broke into laughter and walked away.
Anna Marie was moved the next day and
because Thomas doesn’t drive, he was rarely
able to visit his mom in the final year of her
life. She died alone, drugged and isolated from
Thomas, her only living relative.
Her fortune was never accounted for, a requirement
of Nevada law. According to Thomas,
Anna Marie’s assets included several commercial
properties, two houses, bank accounts,
insurance policies, and annuities.
From the day of that hearing, I’ve vowed
to expose the heinous guardianship fraud in
Las Vegas and will continue doing so until the
enabling judges, ruthless guardians, and their
attorneys are finally brought to justice.
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You may have a friend who has had
a guardianship ordered over him or
her. This person may have complained
about the fact that he or she did not
have the opportunity to ask why the
guardianship was ordered.
In my own practice, I have come
across circumstances where people
over whom a guardianship was awarded
never actually received the opportunity
to object to the guardianship.
This can result from a doctor’s erroneous
opinion that the person could not
speak his or her own opinion in court.
This may result from the doctor’s belief
that the person would not have the
physical ability to attend court, would
be unable to voice his or her opinion,
or for some other reason. However, the
guardianship court is concerned with
ensuring that any person over whom
a guardianship has been ordered have
the ability to speak to the court.
Really, only those who should be excused
from attending court hearings
would be a person who is unable to
safely leave a hospitable bed or is truly
a danger to him or herself or others.
Those who have had a guardianship
ordered over them are known as wards
or protected persons. These folks are
those who have shown to be a danger
to him or herself or to others.
This may include an inability to
manage one’s own financial affairs or
the inability to adequately maintain
his or her own health without the assistance
of others. This often includes
those who have unfortunately been
diagnosed with a disorder that erodes
the memory, such as Alzheimer’s or
dementia.
Other circumstances may involve
something more physically severe,
such as an illness that confines that
person to a hospital bed. The former
circumstances, Alzheimer’s and dementia,
may not necessarily call for
an immediate confinement to involuntary
commitment in a memory care
unit.
A memory care unit is a place where
people are placed and are monitored
on a 24-hour basis. As previously
mentioned, this may not be the first
option.
Often times, the protected person
has the money and the health necessary
to continue living at home. Unfortunately,
even loved ones can jump
the gun and determine that the first
option should be commitment to a
memory care unit.
What can be done? If you know
someone who has not had the opportunity
to address the court in his or her
guardianship, that person can contact
an attorney who can petition the court
to allow the protected person to speak
to the court. This can often result in a
re-evaluation of the case and whether
that person meets the necessary criteria
to return home or a less confining
arrangement.
Unfortunately, even well-meaning
family can jump the gun and move
straight to a restrictive living arrangement
for that person even when that
person might be able to live in his or
her own home with the assistance of
some paid help.
If you believe you know someone
living in restrictive living arrangement
unnecessarily, be sure to have
that person contact a qualified guardianship
attorney.
Rob Telles is the founder of Accolade Law, a law firm that serves clients in
guardianship, estate planning and probate. His office can be reached at (702) 337-
3000
22 www.thevegasvoice.net
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