New Arizona law adds more protections for people in probate court system

By: Nicole Grigg

PHOENIX — A reform bill that would add more protection for people in the probate court system who find themselves placed in guardianships or conservatorships went into effect this week.

Senate Bill 1291 will add several changes to the law, including making sure that those who are placed under the care of another know all their rights.

A conservatorship is appointed through a court system when a person becomes in control of another's financial, healthcare, and personal decisions.

Another key part of the bill would make sure those in the system see their loved ones, and that there is evidence to place someone in a conservatorship or a guardianship.

“The requirement for evidence to declare someone incompetent and in need of guardianship or a conservator was elevated from “preponderance of the evidence” which is best described as a slight tip of the scales, to “clear and convincing” evidence which is considered “substantial” in nature, as well as multiple crucial changes to existing law,” according to a news release from Protect Liberty, which is a grassroots coalition for those who have experienced within the probate court system.

For David Redkey being placed into a conservatorship is easy, but he says getting out is too difficult, “unfortunately, it can happen to anyone.”

In 2007, Redkey was in a horrific crash after being T-boned by a tow truck that he says ran a red light in Phoenix. His injuries were extensive, including multiple broken ribs, and a traumatic brain injury, but he was able to recover.

After winning a seven-figure settlement though, a lawyer recommended he be placed into a conservatorship to help protect and manage his estate.

“He called it a soft conservatorship,” said Redkey.

Redkey has been in the conservatorship and within the probate system since 2009 and recently his estate was transferred to a private fiduciary company, where he has concerns about how his finances are being managed. Since the accident and being placed into a conservatorship, Redkey is now married with children in his home.

He has also gone on to get two Bachelor’s degrees and a Masters.

Despite being able to do this, he has concerns that he is still placed in a conservatorship, “now I have a family, I can take care of myself, I can manage my own estate, and it’ll be certainly a lot cheaper than paying these other people that don’t really care about me or my family.”

Redkey worries about how his money is being managed and that more money is going to those handling the estate, than his family.

According to court filings, Redkey’s estate pays for everyone handling his case. The fiduciary charges $165.00, the Fiduciary’s lawyer and Guardian Ad Litem both charge $450.00, and then his court-appointed counsel charges $400.00 to $425.00 an hour.

“It’s all about money, it's always about money. The second money is involved, people are getting paid to do this, keeping people in conservatorships," said Redkey.

Redkey also worries about a recent petition that was filed in court that would investigate the need for guardianship which would be even more restrictive.

Sherry Lund, who has led the efforts for probate reform in Arizona said in a news release that the bills add sweeping reforms, transparency and oversight to probate courts in Arizona, including, “The right to a trial by jury, to be present in court, to have both the judge and the attorneys inform a person of their rights, to have your directives followed by the court, choose your own physician, and to an attorney of your choice is something we all take for granted, but it wasn’t that way in Arizona Probate courts. On October 30, 2023, the Constitution became a reality for those in the Arizona probate court system,” she said.

Governor Katie Hobbs signed another bill around conservatorships and guardianships this past summer. SB 1038 creates a probate advisory panel that will file an annual report to the legislature on improvements that could be made in the probate process.

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New Arizona law adds more protections for people in probate court system