Following multiple reports of devastating abuses involving Arizona probate court, Arizona State Representative David Smith (R – Carefree) sponsored legislation that would make Arizona the nation’s leader in judicial probate reform. House Bill 2424 seeks to remedy rampant financial exploitation and abuses by Arizona’s probate court-ordered fiduciaries and others in the court system. The concerns over probate abuses have been widely documented in the media and in a report to the United States Senate submitted in September 2010.
When asked about his motivations, Representative Smith shared in an interview with theArizona Republic’s Laurie Roberts: “I was concerned about the articles I read in the paper, some of the abuses that you point out. In fact, I knew some of the people involved in one case.”
Sherry Lund, who is advocating for HB2424 said, “We are fighting for probate reform so no other Arizona family will suffer from the horrific abuses in the current system. Such reform is overdue and new laws are the solution.”
HB2424 will become the national standard for probate reform. The current draft includes:
*Improving oversight of probate court system by establishing an advocacy panel appointed by the Governor, Speaker of the House of Representatives, and President of the Senate.
*Allowing wards, or their families, to request a change of fiduciary annually.
*Protecting financial interests of persons in probate by “capping” certain fees while requiring the court to establish a fee schedule for others.
*Developing stronger fiduciary accountability by requiring a monthly accounting of expenditures.
*Ensuring the civil liberties and wishes of the ward are upheld and respected.
*Implementing stricter qualifications for probate judges.
Full Press Release and Source:
CourthouseSteps
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Read HB2424
The purpose of the law, among other things, is to CONSERVE the ward's estate.
ReplyDeleteSo why aren't they conserving?
no doubt about it guardianship / conservatorship in many cases works in the best interest of the guardian / conservator over time the fiduciaries agents of the courts figured out how to funnel the assets for themselves sure thelma they are conserving for their own enrichment under color of law and how many petitions are based on lies but once the petition is filed with the court it can take years or forever to undue the wrongdoing with no recourse for restitution of lost assets.
ReplyDeleteHooray Arizona!
ReplyDeleteApplause AZ for stepping up the other 49 will be watching your lead
ReplyDeleteI am pleased to see this come out of all the pain and suffering the victims of Arizona have been through.
ReplyDeleteYou're so right, Sherry. Reform is over due and I'm glad to see Arizona stepping up to the plate!
ReplyDelete