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

The Perils of Probate: Court Profits from Family Dissension

By Tanya Dennis

Mildred Rodriguez (left) under the care of niece Cathy Rodriguez, versus Mildred Rodriguez (right) after five months under a court-ordered guardianship.

In the probate court system, it shouldn’t take two years to decide which relative should be awarded conservatorship over an elder.   But considering an elder, once assigned a court-appointed guardian, seldom if ever returns to their family or home, time is a non-issue.

Out of the sixteen probate stories in this series, only one senior returned to her home, and that was because the family “rescued” their mother and wife from the care facility, risking court sanctions and possible imprisonment (Post News Story 3/3/18 “Victory for Probate Reform Movement and the Carter Family.)    Most end up like the Ussery family, released from the court eleven years later after their five million dollar estate was eaten up in court fees leaving the family 35k to split between them (Post News Story 3/25/16 “Even When Done Right the Probate Court Still Wins.”)

Nationwide, the probate court system has become an unregulated criminal enterprise, where legal stealing of a person and their property is allowed. Cathy Rodriguez’s, 88-year old aunt Mildred Rodriguez, is Alameda court’s most recent victim. Mildred is being held against her will, the court system uses her dementia to justify ignoring her wishes to live with Cathy.

“My aunt and I bought a home together, and for a number of years, my dad lived with us also. I eventually bought another home and moved down the street,” says Cathy who filed for conservatorship after another cousin “kidnapped my aunt, took my aunt to her home, filed a power of attorney, then mentally and physically abused Mildred for eleven months, holding her captive.”

According to Cathy, the cousin has a history of being predatory, so much so that for years family members were warned to avoid her.  The cousin has a history of taking advantage of elders and people with disabilities, and proof of her past predatory behavior was submitted to the court.   In contrast, Cathy served four years with the Alameda County Probation Department as a peace officer, in the juvenile justice system, twenty years with the Santa Clara Probation Department as a peace officer with juveniles and young adults and is a 38 year Christian who serves the Lord at Victory Outreach.  Cathy has been an advocate for thirty years for special education, youth, adults, and the elderly.  She has a good income, no criminal record, owns three homes, and has an excellent credit score.

Cathy asks, “What does it take to qualify for conservatorship? It doesn’t matter! The court said they could not make a decision between me and my cousin who has thirty-two cases of fraud, domestic violence, harassment, and slander. The choice was clear, yet unethically, Alameda County Public Guardians submitted an investigative report favoring themselves in order to take control of my aunt and her assets, then slandered me in court to justify and isolate her from me and the family.  She should be home with us!   I have video of her crying and begging to come home.  This is a crime, and no one will help me or my aunt, we have nowhere to turn, because this is the law.”

Probate Reform advocate Venus Gist says, “The lack of integrity, accountability, justice and oversight in Alameda County Courtrooms and across the nation demands that we expose this criminality to Congress. WeThePeople will take action.”

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The Perils of Probate: Court Profits from Family Dissension