SB1499 Will Bring Order To Probate Court Chaos

The stories are heartbreaking and upsetting. Arizona seniors losing most or all of their life's savings because of the actions of unscrupulous individuals appointed to manage their finances. The time has come to reform Probate Courts in our state.

Senate Bill 1499 is a comprehensive package that gives "truth in probate" to Arizona's families. Probate law is complicated, and we have worked hard to make sure we have the right plan to help families making decisions at a very difficult stage.

Currently, the people most vulnerable don't have the power to bring change. SB 1499 shifts the balance of power back to those navigating the process.

Probate victims are demanding that we stop the runaway costs associated with the current process. In response, SB 1499 demands that a proposed guardian must submit a good-faith estimate of all costs up front to avoid any sticker shock for families. That is the time that families must know what the expenses will be, so they are able to make an informed decision.

Shortly after being appointed, the conservator/guardian is required to have a detailed budget in place. If the conservator goes over budget, it won't see the money unless there is a clear, defensible explanation. SB 1499 also addresses past problems by limiting when payments to fiduciaries and attorneys may start, and forcing the professionals to submit their bills in a timely manner.

We also make sure the ward is protected. Current law makes it too difficult to remove fiduciaries that don't get along with their clients. Because of this, the fiduciaries often fight in the courts to keep their jobs. This rapidly drives up costs for the wards, who are responsible for all litigation costs.

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SB1499 Will Bring Order to Probate Court Chaos