SUPPORT HB2424 IN SENATE APPROPS!

  Tuesday, March 29 at 2 PM, the Senate Appropriations committee will hear HB2424.  Please call or email and voice your support of this vitally important effort at probate reform! 

Sen. Paula Aboud   (602) 926-5262

Sen. Sylvia Allen  (602) 926-5219

Sen. Andy Biggs  (602) 926-4371

Sen. Olivia Cajero-Bedford (602) 926-5835

Sen. Rich Crandall (602) 926-3020

Sen. Ron Gould (602) 926-4138

Sen. Lori Klein   (602) 926-5284

Sen. Al Melvin  (602) 926-4326

Sen. Rick Murphy  (602) 926-4444

Sen. David Schapira  (602) 926-3028

Sen. Don Shooter  (602) 926-4139

Sen. Kyrsten Sinema (602) 926-5058

Sen. Steve Smith (602) 926-5685 

A PERSONAL RESPONSE TO PROBATE REFORM

My grandmother became a ward of the Probate Court (and victim of the system) in 2007 so I have been closely following both SB1499 and HB2424 as they move through the State Legislature.  I can honestly say firsthand that the problems with the Probate System here in Arizona START ON THE BENCH!!  There are several laws that are already in place that have proven to work in the past IF THEY ARE ENFORCED.  The blatant draining of wards estates and assets is more because of judicial oversight and ignorance allowing fiduciaries, and even attorneys, to do what they want and in complete disregard of the existing AZ Laws, Rules, and Procedures they are supposed to be following.  NOT because of families “squabbling” or because “fiduciaries want to hang on to their jobs” like they say.  SB1499 wants to start SANCTIONING family members who file complaints against fiduciaries.  THAT IS UNJUST!!  We are, more often than not, already being denied Due Process and our Constitutional Rights under the First Amendment.  To add a penalty for our efforts to get Justice on top of that?   Are you kidding me?  WHAT IS AMERICA COMING TO?!

When first introduced, HB2424 was a good first move towards reform by the way it focused more on the ward and their family.  However, the more the bill gets amended as it moves forward, the more hope and focus is being taken away from the ward (and their families), and given to the court.   Again, the problems start ON THE BENCH. 

In closing, I want to say that all in all, the problems and chaos in Arizona’s Probate system will never get better until the Judges and Commissioners start upholding the Oath they took when they first took their position on the bench and enforcing the laws that are already in place.   They owe that to WE THE PEOPLE!   And if they don’t…..then things are only going to get worse.  THEY need to consider what is going to happen to THEM and their families 10 years from now WHEN they become in need of “protection” by the AZ Probate System.

A visual guide to probate “process”

For those looking for a visual aid to explain the probate court process, here’s a chart produced as part of the Republic’s investigative series.

 

CRISIS

A descent into Alzheimer’s dementia. A debilitating stroke. Even an addiction.

The outcome: You are rendered temporarily or permanently incapacitated, unable to provide for your own health and personal care or manage your finances. If there is no one willing or able to care for you, Maricopa County Probate Court may step in.

Family or friends

Reliable family members or friends may intervene to oversee your care and finances, honoring any power-of-attorney or trust documents you had prepared. However, if a feud among family members later erupts over your care or money, Maricopa County Probate Court may step in.

 

PETITION TO COURT

Petitioner: Anyone can petition the probate court to have you declared incapacitated – a relative, a friend, a neighbor, a social worker or a certified fiduciary. You lose almost all rights to make decisions about your care, finances and other matters.

Filing costs are billed to your estate.

Judge: A probate judge or court commissioner – a lawyer who goes through less complex judicial selection, but is paid to work as a judge – is assigned to consider the petition.

A paid employee of the court.

 

COURT INQUIRY

The judge appoints various professionals to gather information and ensure your immediate protection.

Investigator: A court employee who investigates whether you are incapacitated and whether someone is willing and able to manage your affairs. The investigator reports findings back to the judge.

Salaried or contracted by the court.

Doctor: This contracted physician interviews you and does other research to determine whether you are incapacitated.
Contracted, paid by the court.

Court-appointed counsel: An attorney appointed by the judge to represent your wishes.

Paid from your assets. Hourly rates are $225-$300.

Guardian ad litem: An optional, court-appointed attorney who represents your interests – regardless of your wishes.

Paid from your assets. Hourly rates are $225-300.

Temporary guardian: A relative, or a private or public fiduciary, temporarily appointed to oversee your personal and health care.

Paid out of your assets. Hourly rates are around $100 for a private fiduciary, $145 for the public fiduciary. A relative also may bill for expenses.

Temporary conservator: A relative, a private or public fiduciary or a financial institution temporarily appointed to manage your financial affairs. May also serve as guardian.

Paid out of your assets. Hourly rates are around $xxx for a private fiduciary, $xxx for the public fiduciary. A relative also may collect for expenses.

 

COURT DECISION

Judge finds you incapacitated

The judge finds you incapacitated as defined by state law: being mentally or physically impaired “to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.”

Judge finds you competent

The judge finds that you are capable of making responsible decisions about your own affairs.

The Case is Dismissed

 

ONGOING CARE

Court-appointed counsel:
Continues to represent your wishes.
Paid out of your assets.
Hourly rates are around $225-$300.

Guardian ad litem: May continue to represent your interests.
Paid out of your assets. Hourly rates are around $225-$300.

Guardian: A relative or private or public fiduciary appointed indefinitely to oversee your personal and health care.
Paid out of your assets.
Hourly rates range from $80-$150. A relative also may bill for expenses.

Guardian’s attorney: Represents the guardian’s interests and files with the court documents and pleadings on behalf of the guardian, especially when disputes arise.
Paid out of our assets.
Hourly rates are $175-$350.

Conservator: A relative, a private or public fiduciary or a financial institution appointed indefinitely to manage your financial affairs.
Paid out of your assets.
Hourly rates range from $80-$150.
A relative also may bill for expenses.

Conservator’s Attorney: Represents the conservator’s interests and files with the court documents and pleadings on behalf of the conservator, especially when disputes arise
Paid out of your assets
Hourly rates are $80-$350.

Your Condition Improves

The judge may close the case after finding that your condition and ability to make responsible decisions have improved. All parties billing the estate file their last requests for fee payments, which may involve a negotiation and settlement among parties.

You Die

The judge may close the case and all parties billing your estate will file their last requests for payments. Those may involve negotiation and settlement among parties. The case may not end if fiduciaries seek to continue managing your estate.

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Read more: http://www.azcentral.com/news/articles/probate-explained.html#ixzz1HSRyImiL

My Turn in Arizona Republic – “Probate Reform Bill Still Needs Changes”

The Arizona Republic is featuring My Turn on both sides of the probate reform bills before the state Legislature.   Here is the submission from Laura Knaperek about HB2424:

Probate-reform bill still needs
changes 

by Laura Knaperek - Mar. 22, 2011 07:48 PM 

The Probate Victims Bill of Rights, House Bill 2424, is designed to use the power of the courts and the incentives of free-market reform to stop abusive behavior in the system.

However, the bill as passed in the House was amended to appease the courts and is now problematic in several areas, actually giving paid fiduciaries even more authority over the ward.

HB 2424 must be amended as it moves forward, reflecting the goals of the Probate Victims Bill of Rights. Oversight is too important to leave solely in the hands of the courts.The bill, if placed into law, will allow for better-informed consumers and force fiduciaries to compete for business based on price and performance, truly putting the ward’s interests first.

Here’s what the Probate Victims Bill of Rights includes:

- The ability to replace an individual’s guardian, conservator or trustee without cause if it is in the best interest of the ward or protected person.

- The requirement of clear and convincing evidence to determine if an individual needs a conservator.

- A mandate that a conservator produce a monthly accounting of how he or she has spent the ward’s funds.

- A requirement, in the case of a ward paying the bill, that the person being paid has primary duty to the ward.

- The creation of a probate-advisory panel, which would give victims of probate-court abuses a venue to voice issues and concerns and to propose additional statutory changes.

Laura Knaperek is a public-policy consultant and former state lawmaker.

Link:

http://www.azcentral.com/arizonarepublic/opinions/articles/2011/03/22/20110322bill-of-rights-knaperek.html

PROBATE VICTIMS BILL OF RIGHTS: Why HB 2424 must pass

The public cries for reform are being met by unbelievable opposition from  “FOR-PROFIT” entities and others who stand to gain financially by maintaining the status quo!

These changes are designed to stop the abuse of vulnerable individuals by those few fiduciaries and guardians that, according to an ABC 2010 investigation choose to “isolate, medicate, and liquidate”.

PLEASE, CONTACT YOUR LEGISLATORS AND ASK THEM TO SUPPORT HB2424!  Say “NO!” to the big-bucks, heavy handed techniques that would prey on the vulnerable and line their pockets with the profits!

PROBATE VICTIMS BILL OF RIGHTS

• Ability to replace an individual’s guardian, conservator or trustee without cause.  Such a change must be in the best interest of the ward or protected person, and may occur no more than one time in a single year; (current law allows a person’s life savings to be used for the benefit of the guardian, leaving the person broke and on welfare!)
• Clear and convincing evidence is added as a determining standard to determine if an individual needs a conservator.  This is intended to mirror current law governing the appointment of guardians and trustees; (current law allows hearsay, leaving people in very expensive legal haggling for months, even years before any real evidence is ever given!)
• Mandates that a conservator produce a monthly accounting of how the conservator has spent the protected individual’s funds. Current law allows too many abuses that can result in the protected individual losing their entire life savings; (currently a report is given to the court with the person’s money spent “on their behalf” but with no accountability!)
• Guarantees that wards and protected individuals have a right to family visitation, unless the courts find this will place the ward or protected individuals at risk of harm; (currently families can be prevented from visitation on the word of the guardian despite the desires of the person in their care.  Parents have been abused, denied health care, and even died, never seeing their children again despite the pleas of parent and child!)
• Forces the courts to follow the directives of a ward or protected person, unless the courts determine that such a directive would place the ward or protected individual at risk of harm; (currently the courts ignore the legally established wills and Powers of Attorney, choosing to hand people over to for-profit agencies instead of families and other caregivers.)
• Mandates that judicial officers receive proper training before they are permitted to hear any cases regarding probate matters; (the rampant abuse of established law, ethical violations, and exploitation that has gone unchecked by the courts, cries out for training in this very specialized area to protect the public.)
• Establishes the Probate Advisory Panel.  This panel ensures that victims of probate court abuses have an alternative venue to voice heir issues and concerns, and to propose additional improvements to the operations of Arizona probate courts. (There is currently no check and balances for the private citizen other than the very expensive and emotionally debilitating court system.)

 

Forward Motion: HB2424 Passes Rules Committee…OR…David-1, Goliath-0

Despite a full frontal attack by every high-powered political lobbyist money could buy, HB2424, the bill written to reform the troubled Arizona Probate Court System has jumped another hurdle on the way to become law.  When public testimony was taken in the House Judiciary Committee last Thursday, the number of private citizens registered to speak in favor of the bill was so numerous that the time to speak had to be limited.  The only testimony in opposition to the bill was a court liaison, paid with taxpayer money, who objected to the “intrusion” by the legislature into the realm of the judiciary and industry insiders who profit from the current system.

The lingering question was this…if the courts and attorney groups are so good at policing their own, if they understand what is in the best interest of so many and capable of abiding by the current law…what caused the countless horror stories of exploitation and abuse?  If the bad actors are so few, why are the stories, true and accurate accounts, so many?    Just how did Arizona become the prime example of a national need for probate reform?

Apparently the circus of not 1, not 2, not 3,  not 4, but at last least 5 different “paid for hire”  lobbyist that are being paraded through legislative offices equipped to mislead policy makers by the 3 Ds: distract, deflect, and destroy HB2424 cannot compete with the truth and demands of the people for justice.   These fee for service providers joined the masses of paid fiduciaries, trustees and their associations and lobbyists, all fighting to keep a hold on the cash cow we know as vulnerable individuals entrusted to the state courts.         

Today was a good day for the people.