The proposals are a result of widespread media reports of lawyers and fiduciaries mismanaging and depleting the life savings of men and women, mostly frail elderly, while charging high fees. The Probate and Mental Health Department of the Superior Court was designed to protect some of the state's most vulnerable people.
Advocates of reform said probate judges lacked the background and experience necessary to render fair rulings. And they said disputes between relatives often lasted months, if not years, in the system.
Jayme Mason, of Phoenix, was one of those engaged in a protracted probate battle. For four years, she disputed the way in which her grandmother's care and estate were being handled. During that time, Mason claims most of her now 93-year-old grandmother's property and possessions — once worth $2 million — were spent or devalued. Even her valuable coin collections disappeared.Just how many of these heart-wrenching, complex cases of abuse have occurred in Arizona is not known. There are no statistics or estimates.
"There were just a few of those cases, but they were high-profile and … heartbreaking," said Arizona Supreme Court Chief Justice Rebecca White Berch.
As a result, Berch appointed a 19-member commission of jurists and laypeople last year to recommend ways of improving judicial oversight and processing in probate courts. The committee looked at probate systems in at least five other states — Texas, Florida, Minnesota, California and Idaho. Some of the proposed reforms are Arizona's alone.
Court officials now are making their way through the commission's proposed reforms in its 432-page report.
The proposals include:
•Requiring "good faith" cost estimates for services and expenses, budgets and monthly statements to avoid any sticker shock at the end of a year.
•Setting fee guidelines for probate lawyers and fiduciaries.
•Creating a first-in-the-nation sustainability review by the courts to determine whether a person's assets would be sufficient to cover expenses during his or her normal lifespan. Future decisions on expenditures would be made accordingly.
•Instituting a follow-up system by the courts to ensure that individuals are being treated properly.
•Implementing training programs for those involved in probate cases. The cost of the proposals has not been determined.
Full Article and Source:
After Abuses,ProbateReform Looms
Note: Jayme Mayson is a NASGA member.
19 comments:
Good for you, Jayme! I am happy you were able to get AARP's attention!
$2,000.000.00 in 4 years? That's shameful.
You go girl!
Congratulations Jayme. I am so proud of you.
Jayme, your grandmother must be so proud of you. I can certainly see the love you have for each other in the picture.
I think we all know that there are more than a "few" cases.
Boy, those Arizona advocates are on fire! GOOD JOB.
I disagree with this statement: "Advocates of reform said probate judges lacked the background and experience necessary to render fair rulings."
I believe judges have the background and experience necessary to render fair rulings. The bad judges just have other motivation.
This is a good article, thought. Thanks for posting.
I disagree with this statement: "Advocates of reform said probate judges lacked the background and experience necessary to render fair rulings."
I believe judges have the background and experience necessary to render fair rulings. The bad judges just have other motivation.
This is a good article, thought. Thanks for posting.
In my 10 years of litigation, I havew come to realize,that most judges (circuit courts and appellate courts) are honest. It is the fraudulant presentation by attorneys and guardians, which blind theur judgment.
More Power to you girl. Do not give up to expose those crooks.Erna
Applause and Standing Ovation! Job well done Jayme! I can only imagine what you went through, the heartbreak, the sacrifices and hard work that went into your mission getting the needed attention and results. Giant step forward. Thank you.
I am glad they're looking at these proposals but when it comes down to it, I bet they won't find funding.
This is a great article, though, and I hope it gets alot of attention.
Thank you AARP for doing this story and for featuring Jayme Mason and her beautiful grandmother.
You guys are all too nice with your comments! I really appreciate your inspiring words and your compassion for my story. And yes, we probate victims here in AZ are on fire!! I was lucky enough to have been selected by AARP for this story, and am extremely greatful. However, the story does not end with that period in the end of the last sentence...... It is EXTREMELY important for all of us victims to speak up and fight relentlessly until we get the justice owed to us and the reform necessary for us and our future generations. Thanks again, and thanks to NASGA for posting this blog! You are all awesome!!!
Congratulation Jayme, for getting your grandmother the attention she deserves! I do hope there is some way you can get some of her money back. The actions of the probate court and attorneys is despicable. And I agree with Norma regarding this satement simply based on my own experience: "Advocates of reform said probate judges lacked the background and experience necessary to render fair rulings." In my opinion that is bull...these people know exactly what they are doing. A lot of money and favors are exchanging hands at the expense of the elderly. I believe strongly in the Laws of the Universe...what goes around, comes around. Good luck to you and your grandmother Jayme...we support you all the way!
Family disputes don't justify cleaning out estates by fiduciaries. Family disputes are common. What the judge has to do is get in the middle of them and then make decisions in the best interest of the ward. The investment of time a judge would put in would more than pay off.
For everyone's information, there's more information on family disputes (and how they usually result in guardianship) at our main site: http://stopguardianabuse.org/anopendoor.htm
Dear Jayme,
You are a true leader in the fight for probate reform. Thank you for all your efforts and energy it took getting your story out to the public. Thank you AARP also for bringing this issue to light, it needs to be at the forefront for everyone to see. This issue has become the norm not the exception. The courts need to give the power to the families and not to the private fidicuary companies that are driven only by money and not by the passion to truly help this vunerable population.
AARP? You got AARP to listen? Wow, Jayme, that is quite an accomplishment. I hope this is the beginning of AARP working actively to support seniors from guardianship abuse.
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